Rule 701. Opinion testimony by lay witnesses
Source:
Section 40.405 — Rule 701. Opinion testimony by lay witnesses, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
Notes of Decisions
Witness’s statement that stain observed on defendant’s kitchen floor was fecal material was admissible because rationally based on his work experience and helpful in determination of a fact in issue, namely, whether child was strangled in defendant’s apartment. State v. Lerch, 63 Or App 707, 666 P2d 840 (1983), aff’d 296 Or 377, 677 P2d 678 (1984)
Although opinion testimony by lay witness must be based on personal perceptions, while expert witness may testify from facts made known at or before the hearing, lay witness and expert witness may testify as to the same subject matter. State v. Lerch, 296 Or 377, 677 P2d 678 (1984)
Where statement is admissible as admission of adverse party, opinion rule is inapplicable and trial court erred in excluding defendant’s statement. Washington v. Taseca Homes, Inc., 101 Or App 607, 792 P2d 453 (1990), aff’d 310 Or 783, 802 P2d 70 (1990)
While one trial witness may not testify about credibility of another trial witness, rule does not preclude admission of relevant out-of-court statement phrased in form of opinion as to credibility of another witness. State v. Odoms, 313 Or 76, 829 P2d 690 (1992)
Witness’s inference may be rationally drawn notwithstanding that perceptions from which inference is drawn are susceptible to more than one plausible interpretation and would support more than one reasonable inference. State v. Barnes, 208 Or App 640, 145 P3d 261 (2006)
Appropriate standard of review of trial court’s determination that witness is qualified to testify as expert is review for errors of law. State v. Dunning, 245 Or App 582, 263 P3d 372 (2011)
Where eyewitness identification evidence is presented, proponent of evidence must establish by preponderance of evidence that identification is based on permissible evidentiary basis of which witness has personal knowledge and that identification is helpful to determine face in issue. State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012)
Law Review Citations
19 WLR 421 (1983)
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