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RULES OF EVIDENCE

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 701. Opinion Testimony by Lay Witnesses

 

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;

(b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and

(c) not based on scientific, technical or other specialized knowledge within the scope of Rule 702.

2016 NHRE Update Committee Note

The 2016 amendment made stylistic changes to the rule and added subsection (c).

For additional guidance regarding the substantive changes to the rule see the notes following Federal Rules of Evidence 701 (Notes of Advisory Committee on 2000 amendment).


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