§ 40.405 Rule 701 Opinion testimony by lay witnesses

40.405. Rule 701. Opinion testimony by lay witnesses

    If the witness is not testifying as an expert, testimony of the witness in the form of opinions or inferences is limited to those opinions or inferences which are:

    (1) Rationally based on the perception of the witness; and

    (2) Helpful to a clear understanding of testimony of the witness or the determination of a fact in issue.