RULE 701. OPINION TESTIMONY BY LAY WITNESSES
If a witness is not testifying as an expert, the witness' testimony in the form of opinions or 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.
Rule 701 is an adoption of 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.
SOURCES: Minutes of Joint Procedure Committee: March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 6; Rule 701, Federal Rules of Evidence; Rule 701, SBAND proposal..