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 rationally based on the perception of the witness, and helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and not based on scientific, technical or other specialized knowledge within the scope of Rule 702.

   F.R.E. 701 was amended, effective December 1, 2000, to clarify that testimony based on scientific, technical, or specialized knowledge is governed by F.R.E. 702, and not F.R.E. 701. The 2001 amendment to Pa.R.E. 701 is likewise aimed at clarifying that testimony based on scientific, technical, and specialized knowledge is governed by Pa.R.E. 702.

   This rule is identical to F.R.E. 701 except for the deletion of the (a) and (b) divisions within the text of the rule. No substantive changes result from this deletion.

   Pa.R.E. 701 is consistent with Pennsylvania law. See Lewis v. Mellor, 259 Pa. Super. 509, 393 A.2d 941 (1978) (adopting F.R.E. 701). Under Lewis, lay opinion may embrace the ultimate issue. See Pa.R.E. 704. The trial judge may exclude the opinion if the trial judge decides that it would not be helpful, or would confuse, mislead, or prejudice the jury, or would waste time. Lewis, 259 Pa. Super. at 523-24, 393 A.2d at 949.

   Official Note

   Adopted May 8, 1998, effective October 1, 1998; amended November 2, 2001; effective January 2, 2001.
Committee Explanatory Reports:

   Final Report explaining the November 2, 2001, amendments published with the Court’s Order at 31 Pa.B. (November 24, 2001).

   The provisions of this Rule 701 amended November 2, 2001, effective January 1, 2002, 31 Pa.B. 6381. Immediately preceding text appears at serial page (245777).