Welcome! Strafford is now BARBRI! The expert courses you know from the trusted global leader in legal education.
Description
Rule 701's three-part test for the admissibility of lay opinion witnesses confounds even the most seasoned trial lawyers. When a witness offers an opinion, opposing counsel objects almost reflexively. Knowing how to respond to that objection can mean the difference between victory and defeat.
A lay witness may testify as to an opinion if the opinion is within the witness' perception, is helpful to the jury's understanding, and does not constitute expert testimony. Some opinions, such as "the car was going fast," can be easily placed within the confines of the rule. Business valuation, however, while seemingly within the rule, presents thorny issues regarding the future value, as opposed to present worth.
These tensions become even more evident when testimony admitted under the Rule is then used to support a contention that prohibits speculation, such as damages. In those instances, the interplay between Rule 701 and Rule 702 (expert opinions) is at the forefront.
Listen as this seasoned panel of trial lawyers examines the intricate ins and outs of Rule 701 and provides in-depth guidance to how it can be used to admit helpful and exclude harmful evidence.
Presented By

Mr. Berlage’s practice focuses on general business litigation ranging from commercial disputes to bankruptcy to intellectual property. His legal career spans over two decades and encompasses a wide variety of opportunities and experiences that have enriched his practice of law. Mr. Berlage's multifaceted career has seen him in court representing plaintiffs in wrongful death cases to helping clients resolve real estate and animal law disputes. He has extensive experience in trials, arbitrations, mediations, and administrative hearings, including arguments before the Maryland Court of Appeals and the United States Court of Appeals for the Fourth Circuit.
Mr. Kantas has worked on sophisticated auto collision cases, construction accidents, product liability litigation and medical malpractice cases. He has deposed hundreds of witnesses involved in serious personal injury cases. These included the following expert witnesses: physicians, toxicologists, accident reconstructionists and engineers. Mr. Kantas has also tried many successful civil cases before juries.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Wednesday, January 22, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Separating opinion from fact testimony
- The requirements of Rule 701
- Rationally based on the witness' perception
- Helpful to clearly understanding the witness' testimony
- Helpful to clearly understanding or to determining a fact in issue
- Interplay with Rule 702
- Rule 701 opinions vs. imperssible speculation
Benefits
The panel will review these and other essential matters:
- Situations in which lay witnesses can offer opinions
- Advantages and disadvantages of lay opinion testimony
- Technical aspects of admitting and excluding lay opinion testimony
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses

Prior Inconsistent Statements in Social Media and Inactive Websites: Planning for Amendments to FRE 801(d)
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development