ABSTRACT

The general common law rule is that witnesses must state facts, not opinions, since the court is a tribunal of fact and opinions are not admissible evidence. However, there are two broad exceptions to this rule of exclusion:

(1) A non-expert witness in civil proceedings may give a statement of opinion on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying facts personally perceived by him. Such statements of opinion are admissible as evidence of what he perceived, for example, statements as to the identity, condition or age of persons or articles, as to the state of the weather, or estimations of speed and distance.