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in this lesson were continuing our discussion of witnesses and testimonial evidence specifically we want to focus on opinion testimony under rules 701 through 706 of the Federal Rules of Evidence so anytime on an evidence fact pattern that we see a witness take the stand and offer an opinion as testimony right we always want to think about rule 701 and 702 right and as our general starting point rule its worth noting that generally we say lay witnesses are not permitted to give opinion testimony unless some requirements are met under 701 but the idea being we want lay witnesses non experts to stick to the facts as much as possible right we dont want them to get up there and start offering a lot of opinions if theyre not experts right so this means the very first thing we have to do if were trying to analyze opinion testimony right and we should note that there is a difference between fact-based testimony and opinion testimony right if a lawyer asks a witness how old are you and t