W.Va. R. Evid. 701

As amended through January 31, 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.

W.va. R. Evid. 701

COMMENT ON RULE 701

Rule 701 was taken verbatim from its federal counterpart. With one exception, the revised rule is substantively the same as the current state rule and only has stylistic changes. The one exception is revised Rule 701(c). This provision was taken from its federal counterpart, but is not found in the state rule.