Kentucky Rules of Evidence 701 – Opinion testimony by lay witnesses
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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:
(a) Rationally based on the perception of the witness;
(b) Helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue; and
(c) Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Effective: May 1, 2007
History: Enacted 1990 Ky. Acts ch. 88, sec. 49; renumbered (7/1/92) pursuant to 1992
Ky. Acts ch. 324, sec. 34; amended May 1, 2007, Supreme Court of Kentucky Order
2007-02.
(a) Rationally based on the perception of the witness;
Terms Used In Kentucky Rules of Evidence 701
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue; and
(c) Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Effective: May 1, 2007
History: Enacted 1990 Ky. Acts ch. 88, sec. 49; renumbered (7/1/92) pursuant to 1992
Ky. Acts ch. 324, sec. 34; amended May 1, 2007, Supreme Court of Kentucky Order
2007-02.