Del. R. Evid. 701

As amended through November 14, 2024

Rule 701 - Opinion Testimony by Lay Witnesses

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

(a) rationally based on the witness's perception;

(b) helpful to clearly understanding the witness's testimony or to determining a fact in issue; and

(c) not based on scientific, technical or other specialized knowledge within the scope of Rule 702.

Del. R. Evid. 701

Amended November 28, 2017, effective 1/1/2018.

Comment

D.R.E. 701 tracks F.R.E. 701 in effect on December 31, 2000.

D.R.E. 701 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.