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The Florida Senate

2009 Florida Statutes

SECTION 701
Opinion testimony of lay witnesses.
Section 90.701, Florida Statutes 2009

90.701  Opinion testimony of lay witnesses.--If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when:

(1)  The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and

(2)  The opinions and inferences do not require a special knowledge, skill, experience, or training.

History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 494, ch. 95-147.