Me. R. Evid. 701

As amended through February 27, 2023

Rule 701 - Opinion Testimony by Lay Witnesses

If a witness is not testifying as an expert, opinion testimony is limited to opinions that are:

(a) Rationally based on the witness's perception; and

(b) Helpful to clearly understanding the witness's testimony or to determining a fact in issue.

Me. R. Evid. 701

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule of Evidence 701 is similar to its federal counterpart. Maine has not adopted the final subparagraph (c) of Federal Rule 701 and that omission is carried through in the restyled Rule.

Federal Restyling Committee Note

The language of Rule 701 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

The Committee deleted all reference to an "inference" on the grounds that the deletion made the Rule flow better and easier to read, and because any "inference" is covered by the broader term "opinion." Courts have not made substantive decisions on the basis of any distinction between an opinion and an inference. No change in current practice is intended.

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