§ 40.405 Rule 701. Opinion testimony by lay witnesses

This rule is about regular witnesses giving their opinions in court, not expert witnesses. Normally, witnesses are supposed to just describe facts, like what they saw or heard. But sometimes people naturally describe things using opinions, like saying someone seemed drunk or a car was going fast.

Under this rule, a regular witness can share an opinion if it meets two requirements. First, the opinion has to come from something the witness actually saw, heard, or experienced firsthand. Second, the opinion has to actually help explain their testimony or help the judge or jury understand an important fact in the case.

This rule stops witnesses from guessing, speculating, or giving opinions that require special training or expertise. If someone wants to testify about something technical, like a medical diagnosis or how a machine works, that usually requires an expert witness instead. This rule keeps regular witness testimony focused on things they actually experienced, while still allowing normal, everyday ways of describing what they observed.