Intro to the Federal Rules of Evidence - 36

C. OPINION TESTIMONY (ART. VII)

1. Opinion testimony by lay witnesses (FRE 701)
Lay opinions are allowed if they are helpful to the jury in its fact-finding.

a. When admissible
i) it is rationally based on the perception of the witness
ii) it is helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, &
iii) it is not based on scientific, technical, or other specialized knowledge; if so based, it would need to the requirements of expert under FRE 702.

b. Examples
i) general appearance or condition of a person: “elderly,” “about 60 years old,” “strong,”
ii) state of mind : “angry,” “was joking”
iii) matters involving sense recognition : “heavy,’ “red,” “bulky,” “tasked like whisky”
iv) voice or handwriting identification (FRE 901(b)(2), 901(b)(5))