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Article VII
- Opinions and Expert Testimony
Rule 701. Opinion Testimony by Lay Witness
If the witness is not testifying as an expert,
the witness' testimony in the form of opinions
or inferences is limited to those opinions or
inferences which are (a) rationally
based on the perception of the witness and (b)
helpful to a clear understanding of the witness'
testimony or the determination of a fact in issue.
Explanation: Unless a witness is qualified
as an expert in the appropriate field, such as
medicine or ballistics, the witness may not give
an opinion about matters relating to that field.
But a witness may give an opinion on his/her perceptions
if it helps the case.
Example - inadmissible lay opinion testimony:
"The doctor put my cast on wrong. That's
why I have a limp now."
Example - admissible lay opinion testimony:
"He seemed to be driving pretty fast for
a residential street."
Rule 702. Testimony by Experts
If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand
the evidence or to determine a fact in issue,
a witness qualified as an expert by knowledge,
skill, experience, training, or education, may
testify in the form of an opinion or otherwise.
Note: Attorneys should qualify a witness
as an expert by asking questions from the list
suggested above.
Note: Witnesses, including experts, cannot
give opinion.\) on the ultimate issue of the case,
that is, whether the plaintiff of defendant was
responsible. This is a matter for the judge or
jury to decide.
Rule 703. Bases of Opinion Testimony by Experts
The facts or data upon which an expert bases an
opinion may be those perceived by or made known
to the expert at or before the hearing. If of
a type reasonably relied upon by experts in the
field at in forming opinions or inferences, the
facts of data need not be admissible in evidence.
Explanation: Unlike lay witnesses who
must base their opinions on what they actually
see and hear, expert witnesses can base their
opinions on what they have read in articles or
text books, or records they were asked to review
by a lawyer, or other documents which may not
actually be admitted into evidence at the trial.
Rule 704. Opinion on Ultimate Issue
(a) opinion or inference testimony
otherwise admissible is not objectionable because
it embraces an issue to be decided by the trier
of fact. (b) In a criminal case,
an expert witness shall not express an opinion
as to the guilt or innocence of the accused.
Note: Witnesses, including experts, cannot
have opinions on the ultimate issue of the case:
guilt or innocence, negligence or no negligence.
This is a matter for the judge or jury to decide.
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