Rule 701 - Opinion Testimony by Lay WitnessesIf 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; and (b) helpful to clearly understanding the witness's testimony or to determining a fact in issue. EXPLANATORY NOTE Rule 701 was amended, effective 3/1/1990;3/1/2014. Rule 701 is based on Fed.R.Ev. 701. Rule 701 was amended, effective 3/1/1990. The amendments are technical in nature and no substantive change is intended. Rule 701 was amended, effective3/1/2014, in response to the12/1/2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility. SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, pages 29-30; March 24-25, 1988, page 12;12/3/1987, pages 15-16;6/3/1976, page 6; Fed.R.Ev. 701; Rule 701, SBAND proposal.