TITLE SEVEN — OPINION AND EXPERT EVIDENCE
Rule 701. Opinion Testimony by Lay Witnesses
Foundation. A lay opinion is admissible only upon a showing that the witness personally perceived the matter about which the opinion is offered, as Rule 602 requires. The foundation may be established by the witness’s own testimony. Where the witness’s perception is shown to have been of an event occurring in the game environment, in a Discord proceeding communication, or in any other electronic medium, the proponent shall establish when, where, and by what means the witness perceived the matter.
Subjects Ordinarily Within Lay Opinion. The following are examples only, and not a complete list, of matters upon which a lay witness who has personally perceived the matter may state an opinion:
the speed, direction, or distance of a person, vehicle, or object;
the identity of a person, including the identity of the account through which a person acts, where the opinion rests upon the witness’s prior familiarity with that person’s username, display name, avatar, voice, or manner;
the apparent physical condition of a person, including whether the person appeared injured, impaired, or intoxicated;
the apparent emotional state of a person, including whether the person appeared frightened, angry, or calm;
the value of property owned or regularly dealt in by the witness;
the genuineness of handwriting with which the witness is familiar, as provided in Rule 901(2)(b);
the meaning that the witness intended by the witness’s own words or conduct; and
the condition, appearance, or ordinary operation of a thing that the witness has observed.
Identification of an Account or Its Holder. A witness may state an opinion that a person the witness observed acting in the game environment, or a person who transmitted a communication in a Discord channel, is the same person as a party or witness before the court, where the opinion rests upon a familiarity not acquired for the purpose of the litigation. An opinion admitted under this subdivision does not satisfy the requirement of authentication, which is governed by Rule 901 and Rule 1108, and does not establish that a communication was transmitted by the account holder rather than by another person having access to the account. The weight of the opinion, and the possibility of shared or compromised access to an account, are matters for the trier of fact.
Lay Opinion Shall Not Be a Vehicle for Expert Opinion. A witness shall not state under this rule an opinion that rests in whole or in part upon scientific, technical, or other specialized knowledge. A party shall not evade Rule 702, or the disclosure obligations imposed by Rid. R. Civ. P. 19 or Rid. R. Crim. P. 14, by presenting as a lay witness a person whose opinion rests upon such knowledge. On objection, the court shall determine under Rule 104(1) whether the proffered opinion is lay or expert, and shall state its determination on the record.
Officers and Other Persons Having Training or Experience. A law enforcement officer, a public officer, or a person having occupational training or experience may testify as a lay witness to what that person perceived and to opinions rationally based upon that perception. Where the same witness offers an opinion that rests upon training, experience in a specialized field, or the interpretation of specialized data or practice, that opinion is governed by Rule 702 and is admissible only upon compliance with that rule. Where a witness testifies in both capacities, the court shall, on request, require the proponent to establish which capacity the witness occupies as to each opinion, and shall instruct the trier of fact under Rule 105.
Matters Not Within Lay Opinion. A lay witness shall not state an opinion:
upon whether a party is guilty or not guilty, or is liable or not liable;
upon a question of the law of Ridgeway, as Rule 702(9) provides; or
upon the mental state or condition of a defendant in a criminal case where that mental state or condition constitutes an element of the offense charged or of a defense.
Ultimate Issue. A lay opinion otherwise admissible under this rule is not objectionable merely because it embraces an ultimate issue, as Rule 704 provides.
Proceedings Before the Administrative Court. No witness before the administrative court shall be permitted to offer legal or policy conclusions as part of that witness’s testimony, as 3 R. Stat. § 141.105 requires. The administrative court judge shall exclude such testimony upon objection or upon the judge’s own initiative.
Control of the Examination. The court may require that the facts upon which a lay opinion rests be stated before the opinion is given, may require that an opinion be restated in the form of a description of what the witness perceived, and may exclude an opinion under Rule 403 where its probative value is substantially outweighed by a danger enumerated in that rule.