Article VII. Opinions and Expert Testimony

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Rule 701: Opinion Testimony by Lay Witnesses.

(a) Generally - If a witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are

(1) rationally based on the perception of the witness and

(2) helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.

(b) Value - A witness may testify to the value of the witness's own property or services.

[Amended by order effective July 1, 1996.]

Advisory Commission Comments [1996].

This rule was amended because the former rule precluded any lay opinion if the lay witness could substitute facts for opinion.

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