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51. Can the witness's testimony be considered by the grand jury?
During a criminal investigation of possible securities fraud committed by the senior management of a public corporation, the prosecutor has called a witness to testify before a grand jury. The witness will testify that he was an accountant for the corporation, that he dealt with its senior management on a daily basis concerning the corporation's financial disclosures to the public, and that, in his opinion, all members of the senior management knew that the disclosures were fraudulent.
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A is incorrect. Because the Federal Rules of Evidence do not apply to grand jury proceedings, FRE 702 regarding expert testimony is not applicable.
B is incorrect. Because the Federal Rules of Evidence do not apply to grand jury proceedings, FRE 701 regarding lay opinion testimony is not applicable.
D is incorrect. Because the Federal Rules of Evidence do not apply to grand jury proceedings, FRE 701 regarding lay opinion testimony is not applicable.