If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when:
- (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and
- (2) The opinions and inferences do not require a special knowledge, skill, experience, or training.
Opinions from Non-Experts: Generally, witnesses are expected to testify about facts—what they saw, heard, etc.—and not give their opinions. This statute provides the exception to that rule for lay witnesses (non-experts).
A lay witness can give an opinion only if it meets a two-part test:
- (1) It's Helpful: The opinion must be a better way for the witness to communicate what they perceived than simply trying to list the raw sensory data. For example, saying someone was "drunk" is more helpful and adequate than trying to describe their every slurred word and stumble.
- (2) No Special Knowledge Required: The opinion must be based on common, everyday experience. It cannot be an opinion that requires scientific, technical, or other specialized knowledge. That would require the witness to be qualified as an expert.
Common Examples of Admissible Lay Opinions:
- The apparent speed of a moving vehicle ("it was going very fast").
- The emotional state of a person ("he seemed angry").
- The physical condition of a person ("she looked ill").
- The identity of a person's voice on the phone.
