§ Rule 701. Opinion testimony by lay witnesses

Codes > Pennsylvania Statutes and Consolidated Statutes > Rules of > Article VII > Rule 701.

Rule 701. Opinion testimony by lay witnesses

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 rationally based on the perception of the witness, helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Comment: This rule is identical to F.R.E. 701 except for the deletion of the (a) and (b) divisions within the text of the rule. No substantive changes result from this deletion.

F.R.E. 701 was amended, effective December 1, 2000, to clarify that testimony based on scientific, technical, or specialized knowledge is governed by F.R.E. 702, and not F.R.E. 701. The 2001 amendment to Pa.R.E. 701 is likewise aimed at clarifying that testimony based on scientific, technical, and specialized knowledge is governed by Pa.R.E. 702.

Pa.R.E. 701 is consistent with prior Pennsylvania case law. See Lewis v. Mellor, 259 Pa. Super. 509, 393 A.2d 941 (1978)(adopting F.R.E. 701). Under Lewis, lay opinion may embrace the ultimate issue. SeePa.R.E. 704. The trial judge may exclude the opinion if the trial judge decides that it would not be helpful, or would confuse, mislead, or prejudice the jury, or would waste time. Lewis, 259 Pa. Super. at 523-24, 393 A.2d at 949.