Rule 701 permits lay opinion that is rationally based on the witness's perception, helpful to understanding the testimony, and not based on scientific or specialized knowledge.
The specialized knowledge limitation prevents expert testimony in lay clothing.
Alternative Names:
Lay Opinion|Rule 701 Opinion
Why it Matters?
The specialized knowledge limitation is the objection that matters, since parties attempt to offer employees with technical backgrounds as lay witnesses to avoid expert disclosure requirements. A witness whose opinion rests on professional training is offering expert testimony regardless of the label. Speed, distance, intoxication, and emotional state are the traditional lay opinion categories that remain available.
Frequently Confused with
Related terms
Frequently asked questions
What is the key limitation?
Which lay opinions remain available?
