The 2024 Florida Statutes
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. . . . § 90.701, Fla. Stat. . . . We agree with the Fifth District's conclusion that in the context of section 90.701, Florida Statutes . . .
. . . Section 90.701, Florida Statutes, describes when lay witnesses may give opinion testimony: If a witness . . . But under section 90.701, Florida Statutes, the question is, first, was he required to "communicate . . . . The second question we must answer under section 90.701, Florida Statutes, is whether the officer's testimony . . .
. . . Section 90.701, Florida Statutes (2016), states: If a witness is not testifying as an expert, the witness's . . . We recently examined section 90.701 to determine the circumstances when a court may allow a lay person . . .
. . . . § 90.701, Fla. Stat. (1991). . . . testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701 . . . , 646 So.2d 746, 748-49 (Fla. 4th DCA 1994) (alteration in original) (footnote omitted); see also § 90.701 . . . See § 90.701, Fla. Stat. (2015). The statute does not limit perception to visual perception. Id. . . . 189 So.3d at 259-60 (“Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 . . .
. . . Rather than authenticity, the evidentia-ry error in Evans involved section 90.701, Florida Statutes, . . . The dissent also makes a vague assertion that section 90.701 and federal rule 701 have been “interpreted . . . Because Evans does not mention either section 90.701 or any federal precedents, we assume the dissent . . . What this means in the context of section 90.701 is that, prior to trial, the identification witness . . .
. . . So.2d 1225, 1232 (Fla.1990) (discussing the limitations on lay opinion testimony imposed by section 90.701 . . .
. . . Section 90.701, Florida Statutes (2013), governs opinion testimony of lay witnesses and provides: If . . .
. . . reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701 . . . Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida Statutes: 90.701 . . . Similar to its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special . . . The text of the Federal Rules offers more guidance than does Section 90.701 because it specifies that . . . Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 because it was . . .
. . . . § 90.701, Fla. Stat. (2013). . . .
. . . opinion that the two tape samples were the same type of tape, is a permissible lay opinion under section 90.701 . . .
. . . . § 90.701, Fla. Stat. (2011). . . .
. . . Nodine, 646 So.2d 746 (Fla. 4th DCA 1994), where this court recognized that under section 90.701, Florida . . . The state concedes that the detective’s testimony was that of a lay person. .Section 90.701, Florida . . .
. . . may not testify to a matter unless ... the witness has personal knowledge of the matter” and section 90.701 . . .
. . . See §§ 90.701-.702, Fla. Stat. . . .
. . . Section 90.701, Florida Statutes (2011), provides: If a witness is not testifying as an expert, the witness . . . iot require a special knowledge, skill, experience, or training. § 90.701, Fla. . . .
. . . Section 90.701, Florida Statutes (2012), governs the opinion testimony of lay witnesses. . . . See § 90.701, Fla. Stat. (2012). . . .
. . . . § 90.701, Fla. Stat. (2009). . . .
. . . See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). . . .
. . . See § 90.701, Fla. Stat. (2009); Murphy v. . . .
. . . See § 90.701(2), Fla. Stat. (2008). . . .
. . . Section 90.701, Florida Statutes provides: If a witness is not testifying as an expert, the witness’s . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . .
. . . Section 90.701, Florida Statutes, requires a lay witness to base his or her opinion upon facts the witness . . .
. . . The exception to this rule set out in section 90.701, Florida Statutes (2006), does not apply here where . . . Section 90.701, opinion testimony of lay witnesses, provides: If a witness is not testifying as an expert . . .
. . . .” § 90.701(2), Fla. Stat. (2006). . . .
. . . Because the witness’s testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . Under the first prong of section 90.701, the description was necessary for Byrd to adequately communicate . . .
. . . However, section 90.701, Florida Statutes, provides that a lay witness may testify in the form of inference . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . According to section 90.701, Florida Statutes, Jackson should have been allowed to offer her opinion . . .
. . . Section 90.701, Fla. . . . Stat. (2006), of the Florida Evidence Code states: 90.701 Opinion testimony of lay witnesses. — If a . . . This was held to be speculative and inadmissible under section 90.701 because the statute usually limits . . . However, citing section 90.701, the Fourth District Court in Nardone noted that a lay witness’ opinion . . . The State correctly notes that, under section 90.701(1), even the opinion testimony of a lay witness . . .
. . . Cavazos’ testimony was lay opinion testimony and, as such, was properly admitted under section 90.701 . . . Section 90.701 requires a two-prong test of lay opinion testimony: (1) The witness cannot readily, and . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . .
. . . . § 90.701(1), Fla. Stat. (2003); cf. Zwinge v. . . .
. . . . § 90.701, Fla. Stat., (2005). . . .
. . . Initially, we conclude that the testimony was not admissible under section 90.701, Florida Statutes ( . . . 4th DCA 1994), we held that the kind of opinion testimony by lay witnesses admissible under section 90.701 . . .
. . . See §§ 90.701; 90.703, Fla. Stat. (2005). The witness in question was another inmate, Eric Durant. . . . Section 90.701, Florida Statutes, allows an eyewitness to explain “what he or she perceived ... in the . . .
. . . his opinion as to the consistency of the witnesses’ descriptions was inadmissible pursuant to section 90.701 . . .
. . . See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). . . .
. . . See § 90.701(2), Fla. Stat. . . .
. . . such records, and the opinion of paternity contained in the report would be admissible under sections 90.701 . . .
. . . .”); § 90.701, Florida Statutes (1999); see, e.g., Hixon v. . . .
. . . Section 90.701, Florida Statutes (2000), provides that: If a witness is not testifying as an expert, . . . See §§ 90.701 and 90.702, Fla. Stat. (2000). . . .
. . . business record] under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .
. . . Section 90.701, Florida Statutes (1997), permits a lay witness to testify in the form of opinion and . . . inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party. § 90.701 . . . I do recognize that the language of section 90.701 varies from the language of the lay opinion testimony . . . However, I do not read the different language of section 90.701 to render inadmissible a lay witness’ . . . An exception to this rule is found in section 90.701, Florida Statutes, which permits a lay witness to . . . ) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701 . . . See § 90.701; Ehrhardt, supra, at 540. . . . Accordingly, the second prong of section 90.701 is satisfied. . . .
. . . Section 90.701 Florida Statutes (1999) provides: Opinion testimony of lay witnesses. — If a witness is . . .
. . . his opinion as to the consistency of the witnesses’ descriptions was inadmissible pursuant to section 90.701 . . .
. . . Lay opinion is proper pursuant to section 90.701, Florida Statutes (1995), when: (1) The witness cannot . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissable under §§ 90.701 . . .
. . . Second, the admission or exclusion of lay opinion is governed by section 90.701, Florida Statutes. . . . . § 90.701, Fla. Stat. Additionally, this court, in Shiver v. . . . their opinion about another’s mental state ... provided such testimony otherwise satisfies the [section 90.701 . . . It is also forbidden under section 90.701(1), Florida Statutes because, under the facts of this case, . . .
. . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .
. . . See § 90.701, Fla. Stat. (1995); Martinez v. . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .
. . . See § 90.701, Fla.Stat. (1993). . . . Section 90.701 allows a lay witness to testify using opinions or inferences when the witness cannot otherwise . . .
. . . See § 90.701(1), (2), Fla.Stat. (1995). Reversed. . . .
. . . ability of a child with this syndrome to injure himself, it may have been admissible under section 90.701 . . .
. . . . § 90.701, Fla.Stat. (1993); see also Cruse v. . . .
. . . See Fla.Stat.Ann.Evidence Code § 90.701; Tenn R.Evid 701. . . .
. . . . § 90.701, Fla.Stat. (1991). . . . testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701 . . . Applying the conditions set out in section 90.701, the opinion testimony of these witnesses was unnecessary . . . Prior to adoption of section 90.701 in 1979, the general common law rule precluded lay witnesses from . . . Law Review Council Note, § 90.701, Fla.Stat.Ann. (1979). . . .
. . . See § 90.701, Fla. Stat. (1991). In Davis v. . . .
. . . After reviewing section 90.701, Florida Statutes, the court ruled that it would be “completely and totally . . . the opinions and inferences “do not require a special knowledge, skill, experience, or training.” § 90.701 . . .
. . . Section 90.701, Fla.Stat. (1989). . . .
. . . . § 90.701, Fla.Stat. (1983). . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .
. . . . § 90.701(1), Fla.Stat. (1991); Floyd v. . . .
. . . See § 90.701(1), Fla.Stat. (1989) (lay opinion is proper where “[t]he witness cannot readily, and with . . .
. . . Section 90.701, Fla.Stat. (1989). . . .
. . . . § 90.701(1), Fla.Stat. (1989). . . .
. . . See § 90.701(l)-(2), Fla.Stat. (1989). . . .
. . . . § 90.701(1), (2), Fla. Stat. (1983). . . . opinions expressed by them called for “special knowledge, skill, experience, or training,” section 90.701 . . .
. . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .
. . . Section 90.701, Florida Statutes (1989), permits opinion testimony by non-experts when (1) the witness . . . who actually received the original telephone call, their testimony goes beyond the scope of section 90.701 . . .
. . . Section 90.701, Florida Statutes, provides: If a witness is not testifying as an expert his testimony . . . The court stated (512 So.2d at 929): Under Section 90.701, before a lay witness may testify in the form . . . The supreme court observed that “[ujnder section 90.701, before a lay witness may testify in the form . . .
. . . . § 90.701, Fla.Stat. (1987). See Knight v. . . .
. . . . § 90.701, Fla.Stat. (1987). . . .
. . . Section 90.701, Florida Statutes. . . .
. . . Section 90.701(1), Florida Statutes (1985) , permits such opinion testimony if the witness cannot otherwise . . . Section 90.701, Florida Statutes (1985), provides in relevant part: If a witness is not testifying as . . .
. . . . § 90.701, Florida Statutes (1985). . . .
. . . argues that McGoogin’s lay opinion that Hutto was urging Eight to harm him was admissible under section 90.701 . . . Eight to harm him, this is not the type of lay opinion testimony which is admissible under section 90.701 . . .
. . . testimony of lay witnesses, and should have been excluded from the trial court’s consideration by section 90.701 . . .
. . . Section 90.701, Fla.Stat. (1983), does not bar his testimony because he was not expressing an opinion . . .
. . . Section 90.701, Florida Statutes (1983), provides that a lay witness may testify in the form of an opinion . . . The Law Revision Council Note indicates that Section 90.701 permits a lay witness to testify to things . . . We' find nothing in Section 90.701 or the Council Note which would permit a witness to testify about . . . State, 415 So.2d 1280 (Fla. 2d DCA), petition on review denied, 424 So.2d 760 (Fla.1982), that Section 90.701 . . . The Barnes court stated: Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only . . .
. . . See, Sections 90.701 and 90.-702, Florida Statutes (1983). . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . . records and that the opinion of paternity contained in the report would be admissible under sections 90.701 . . .
. . . section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 . . .
. . . Redwing Carriers, Inc., 127 So.2d 453 (Fla. 2d DCA 1961); §§ 90.701 & 90.702, Fla.Stat. (1981). . . . See §§ 90.701 & 90.702, Fla.Stat. (1981). . . .
. . . .2d 942 (5th Cir.1978); and (b) the opinion testimony challenged at trial was properly admissible [§ 90.701 . . .
. . . State, 133 So.2d 729, 731 (Fla.1961), cert. denied, 372 U.S. 904, 83 S.Ct. 742, 9 L.Ed.2d 730 (1963); § 90.701 . . .
. . . diagnosis is admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701 . . .
. . . Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the . . .
. . . McClung’s testimony would not have been admissible under section 90.701, Florida Statutes (1979), because . . . CAMPBELL, J., dissents with opinion. . 90.701 Opinion testimony of lay witnesses. . . . That rule is in harmony with section 90.701, Florida Statutes (1979), providing that non-expert witnesses . . .