If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences is limited to those opinions or inferences which are:
§ 2701.Opinion Testimony By Lay Witnesses
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceLimits a non-expert witness's opinion or inference testimony to what's rationally based on the witness's own perception, helpful to a clear understanding of the testimony or a fact in issue, and not grounded in the scientific, technical, or specialized knowledge reserved for expert testimony under Section 2702.
Full Text of § 2701
1. Rationally based on the perception of the witness;
2. Helpful to a clear understanding of his testimony or the determination of a fact in issue; and
3. Not based on scientific, technical or other specialized knowledge within the scope of Section 2702 of this title.
Amendment History
Laws 1978, SB 276, c. 285, § 701, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §54, eff. 11/1/2002.
Plain-English Summary
A witness who isn't testifying as an expert can still offer opinions, but only within three limits. The opinion must be rationally based on what the witness perceived, it must help the jury understand the testimony or decide a fact in issue, and it can't rest on scientific, technical, or other specialized knowledge -- that territory belongs to expert witnesses under Section 2702.
Frequently Asked Questions
Can an ordinary witness give an opinion at trial, not just recount facts?
Yes, so long as the opinion is rationally based on the witness's own perception, helpful to a clear understanding of the testimony or a fact in issue, and not based on specialized expert knowledge.
What separates lay opinion from expert opinion under this section?
Whether the opinion draws on scientific, technical, or other specialized knowledge -- if it does, Section 2702 governs instead of this one.
Does a lay witness's opinion have to help the jury?
Yes, paragraph 2 requires that it be helpful to a clear understanding of the witness's testimony or the determination of a fact in issue.
Can a lay witness base an opinion on something someone else told them?
No, paragraph 1 requires the opinion to be rationally based on the perception of the witness.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: lay witness opinion testimony oklahoma12 O.S. § 2701FRE 701 oklahoma equivalentnon-expert opinion evidence rule oklahoma