Opinion Testimony by Lay Witnesses

U.S Code last checked for updates: Jan 18, 2025

Rule 701.

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

(a)

rationally based on the witness’s perception;

(b)

helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and

(c)

not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1937; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 2011.)