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TENTATIVE DRAFT #1

Article VII

FOR DRAFTING COMMITTEE DISCUSSION ONLY

October 17-19, 1997

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UNIFORM RULES OF EVIDENCE OF 1974, AS AMENDED

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NATIONAL CONFERENCE OF COMMISSIONERS

ON UNIFORM STATE LAWS

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Drafting Committee to Revise

Uniform Rules of Evidence of 1974, As Amended

BEAM, C. ARLEN, Chair, Lincoln, NE

ARONSON, ROBERT H., Seattle, WA

BILLINGS, RHODA B., Winston-Salem, NC

CALLOW, W. GRANT, Anchorage, AK

GETTY, MICHAEL B., Chicago, IL

HAAS, SHAUN P., Madison, WI

PEEPLES, DAVID, San Antonio, TX

WALKER, RUSSELL G., JR., Asheboro, NC

WHINERY, LEO H., National Conference Reporter, Norman, OK

WILLIS, DONALD JOE, Portland, OR

Ex Officio

LEBRUN, GENE N., President, NCCUSL

EVENCHICK, BARRY H., Chair, Division F, Livingston, NJ

American Bar Association Representatives

KERR, JR., JAMES, Judicial Administration Division

RAEDER, MYRNA S., Criminal Justice Division

SIMPSON, REAGAN, Tort and Insurance Practice Section

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RULE 701. [Opinion Testimony by Lay Witnesses].

If the witness is not testifying as an expert, his the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) rationally based on the perception of the witness and (2) helpful to a clear understanding of his the witness' testimony or the determination of a fact in issue.

Reporter's Note

This proposal for amending Rule 701 eliminates the gender-specific language in the Rule. The change is technical and no change in substance is intended.

There are no other proposals at the present time for amending Rule 701.