ABSTRACT
Legal terminology distinguishes between “lay” (as in clergy and laity) and “expert” witnesses. The difference between the two is expressed very simply in Rule 701.
FRE 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 (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue.
