RULE 701. OPINION TESTIMONY BY LAY WITNESSES
If a witness is not testifying as an expert, the witness' testimony in the form of
inferences is limited to those opinions or inferences that are (i) rationally based on the
perception of the witness and (ii) helpful to a clear understanding of the witness' testimony
or the determination of a fact in issue.
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.EXPLANATORY NOTE
Rule 701 was amended, effective March 1, 1990; March 1, 2014.
Rule 701 is
an adoption of based on Fed.R.Ev.
Rule 701 of the Federal Rules of Evidence.
It presents no new practice to North Dakota.
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; Rule Fed.R.Ev.
701 , Federal Rules of Evidence; Rule 701, SBAND proposal.