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N.D.R.Ev. 701

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Rule 701 Opinion Testimony by Lay Witnesses

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Rule Text

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; and

(b) helpful to clearly understanding the witness's testimony or to determining a fact in issue.

Amendment history: (Adopted Mar. 1, 1990; amended Mar. 1, 2014.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When a regular witness (not an expert) shares their opinion in court, that opinion has to meet a couple of basic requirements. First, it has to come from what the witness actually saw, heard, or otherwise experienced firsthand. They can't guess or speculate about things they don't have direct knowledge of.

Second, the opinion has to actually help the judge or jury understand what happened. It should either make the witness's testimony clearer or help sort out a fact that matters to the case. If an opinion doesn't do one of these things, it usually isn't allowed.

In everyday terms, this means a witness can say things like "the car was going really fast" or "he seemed upset" because these are opinions based on what they personally observed and they help explain the situation. But a witness normally can't offer opinions that require special training or knowledge, like guessing why a machine broke down. That kind of opinion is reserved for expert witnesses under different rules.

Committee Notes

Rule 701 was amended, effective March 1, 1990; March 1, 2014.

Rule 701 is based on Fed.R.Ev. 701.

Rule 701 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.

Rule 701 was amended, effective March 1, 2014, in response to the December 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; December 3, 1987, pages 15-16; June 3, 1976, page 6; Fed.R.Ev. 701; Rule 701, SBAND proposal.

← Previous Rule 615: Excluding Witnesses from the Courtroom; Preventing an Excluded Witness’s Access to Trial Testimony Next → Rule 702: Testimony by Expert Witnesses