{"id":352324,"date":"2023-12-08T14:05:17","date_gmt":"2023-12-08T19:05:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/the-lay-opinion-rule.html"},"modified":"2023-12-08T14:05:17","modified_gmt":"2023-12-08T19:05:17","slug":"the-lay-opinion-rule","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/the-lay-opinion-rule.html","title":{"rendered":"The Lay Opinion Rule"},"content":{"rendered":"\n
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The Lay Opinion Rule<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Defendants in complicated criminal cases often rely on expert witnesses to help earn an acquittal. But sometimes, it makes more sense for a layperson to testify instead of paying an expert.<\/p>\n\n <\/div>\n\n

Typically, laypeople can’t attest to specific facts in your case. Most people would agree that it would be inappropriate for a grocery store customer to testify about the kind of gun a defendant used in a robbery.<\/p>\n

There are times, however, when a lay witness can adequately testify in your case. The courts allow this in certain situations under the \u201cLay Opinion" rule.<\/p>\n

See how this rule works with examples of when the courts allow it below. You can also talk to a defense attorney<\/a> about how to use testimony and other evidence to fight criminal charges<\/a>.<\/p>\n

How Does the Lay Opinion Rule Work?<\/h2>\n

Expert opinions can be invaluable. Hiring someone to provide expert testimony<\/a> can be very expensive, though, and there’s no guarantee that the judge will allow them to testify. The last thing you want to do is hire an expert only to learn that the prosecutor objects to the admissibility of their testimony<\/a>.<\/p>\n

Regarding lay witnesses, they must answer questions in the form of statements. This is the case for all witnesses. They can testify about what they saw, heard, felt, tasted, or smelled. Usually, the judge doesn’t let them express their opinions or draw conclusions, but there are times when they allow it.<\/p>\n

Under the Federal Rules of Evidence<\/a> (FRE), a court will permit a person who isn’t testifying as an expert to testify in the form of an opinion. <\/p>\n

According to FRE 701<\/a>, a judge can allow a layperson to offer an opinion if it meets the following two conditions:<\/p>\n