• 2011 - Lay Opinion
  • K-5.13
    • Witnesses

  • [(A witness)(Witnesses)] [who (was)(were) not testifying as (an expert)(experts)] gave testimony in the form of an opinion [or inference] based on having perceived a matter.  In deciding the weight and credibility, if any, to be given a witness’s opinion [or inference] based on having perceived a matter, you may consider the witness’s opportunity to have perceived the matter, the witness’s reasons for the opinion [or inference], and all other evidence related to the issue.  

  • Notes: The court should not give this instruction for run-of-the-mill lay opinion testimony, like “she looked angry” or “he was driving fast.” The court should give this instruction when the lay opinion is more like expert opinion. Use the bracketed phrase about the witness not testifying as an expert if an expert witness has also testified.