2021 Georgia Code
Title 24 - Evidence
Chapter 7 - Opinions and Expert Testimony
§ 24-7-701. Lay Witness Opinion Testimony

1. If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are:
   1. Rationally based on the perception of the witness;
   2. Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue; and
   3. Not based on scientific, technical, or other specialized knowledge within the scope of Code Section 24-7-702.
2. Direct testimony as to market value is in the nature of opinion evidence. A witness need not be an expert or dealer in an article or property to testify as to its value if he or she has had an opportunity to form a reasoned opinion.

(Code 1981, §24-7-701, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Opinion testimony by lay witnessess, Fed. R. Evid. 701.

- For article analyzing Georgia business entries provisions, see 4 Mercer L. Rev. 313 (1953). For annual survey of evidence law, see 56 Mercer L. Rev. 235 (2004); 57 Mercer L. Rev. 187 (2005); and 58 Mercer L. Rev. 151 (2006). For annual 11th Circuit survey of evidence law, see 56 Mercer L. Rev. 1273 (2005); and 57 Mercer L. Rev. 1083 (2006). For note on admissibility of expert psychological testimony in Georgia, see 4 Ga. St. U.L. Rev. 117 (1988). For comment on Caldwell v. State, 82 Ga. App. 480, 61 S.E.2d 543 (1950), see 14 Ga. B.J. 241 (1951). For comment on Corley v. Russell, 92 Ga. App. 417, 88 S.E.2d 470 (1955), holding that the opinion of an expert is inadmissible in a negligence action, as that is the very issue the jury is impaneled to try, see 18 Ga. B.J. 338 (1956). For comment on Northwestern Univ. v. Crisp, 211 Ga. 636, 88 S.E.2d 26 (1955), concerning the admissibility of lay opinions regarding the sanity of a testator, see 19 Ga. B.J. 82 (1956). For comment discussing the use of hypothetical questions to avoid the requirements of first-hand knowledge, see 19 Ga. B.J. 346 (1957). For comment on Western & A.R.R. v. Hart, 95 Ga. App. 810, 99 S.E.2d 302 (1957), holding that the accuracy of the opinion of a 12-year-old as to the speed of a train is a matter for the jury to decide and its admission into evidence was not error, see 20 Ga. B.J. 395 (1958). For comment on Hoard v. Wiley, 113 Ga. App. 328, 147 S.E.2d 782 (1966), see 3 Ga. St. B.J. 476 (1967). For comment on Hoard v. Wiley, 113 Ga. App. 328, 147 S.E.2d 782 (1966), see 3 Ga. St. B.J. 476 (1967).

ANALYSIS

• General Consideration
• Opinion Testimony Admissible
• Opinion Testimony Not Admissible
• Market Value Evidence

RESEARCH REFERENCES

Am. Jur. 2d.

- 29 Am. Jur. 2d, Evidence, § 387 et seq.

- 32 C.J.S., Evidence, §§ 586 et seq., 608 et seq., 751 et seq., 768, 792.

Proof of Identification of Bite Marks, 75 POF3d 317.

- Effect of witness qualifying his testimony with "I think," "I believe," or the like, when expressing thereby indistinct observation or recollection, 4 A.L.R. 979.

Newspapers and trade journals as evidence of market prices or quotations, 43 A.L.R. 1192.

Admissibility of witness's conclusion as to care exercised in driving automobile, 66 A.L.R. 1117.

Right of witness to give summary based on inspection of number of documents, 66 A.L.R. 1206.

Testimony by witness as to emotions of fear or other mental state manifested by another, 69 A.L.R. 1168.

Opinion evidence as to speed of automobile or motorcycle, 70 A.L.R. 540; 94 A.L.R. 1190.

Competency of testimony of nonexperts on question of sanity or insanity in criminal cases, 72 A.L.R. 579.

Right of witness to state conclusion as to immoral purpose or intent of another, 73 A.L.R. 868.

Opinion evidence as to condition of automobile or other motor vehicle, 77 A.L.R. 559.

Right of witness to state his opinions or conclusion, based on examination of books and accounts, as to solvency or insolvency, 81 A.L.R. 1431.

Opinion evidence directly as to the ultimate question of the amount of damage to property, 86 A.L.R. 1449.

Opinion of court or counsel or other person learned in law as a factor in determining marketability of title, 90 A.L.R. 609.

Right of witness to testify as a conclusion or as an ultimate fact to existence or nonexistence of agency or relationship of master and servant, 90 A.L.R. 749.

Admissibility and effect of testimony of lay witness as to existence of a particular disease, or as to apparent physical condition of a person, on the issue of existence of particular disease, 93 A.L.R. 482.

Lack of market value as a necessary condition of admissibility of evidence of actual or intrinsic value, 110 A.L.R. 1375.

Right of witness to state his conclusion or opinion that confession was voluntary or involuntary, 114 A.L.R. 974.

Opinion evidence as to distance within which automobile can be stopped, 135 A.L.R. 1404.

Admissibility of opinion evidence as to cause of death, disease, or injury, 136 A.L.R. 965; 66 A.L.R.2d 1082.

Proper form of question to witness or of testimony of witness, as regards mental condition of person whose capacity to execute a will is in issue, 155 A.L.R. 281.

Competency of witness to give expert or opinion testimony as to value of real property, 159 A.L.R. 7.

Unaccepted offer for purchase or sale of real property as evidence of value, 7 A.L.R.2d 781.

Admissibility on question of damages in action for libel or slander of testimony as to the impression or effect of the matter upon the minds of individuals, 12 A.L.R.2d 1005.

Proof of prospective earning capacity of student or trainee, or of its loss, in action for personal injury or death, 15 A.L.R.2d 418.

Admissibility in condemnation proceedings of opinion evidence as to probable profits derivable from land condemned if devoted to particular agricultural purposes, 16 A.L.R.2d 1113.

Admissibility of opinion evidence as to whether vehicle involved in collision was standing still or moving, 33 A.L.R.2d 1250.

Admissibility of opinion of nonexpert owner as to value of chattel, 37 A.L.R.2d 967.

Admissibility of opinion evidence as to the cause of an accident or occurrence, 38 A.L.R.2d 13.

Requisite foundation or predicate to permit nonexpert witness to give opinion, in a civil action, as to sanity, mental competency, or mental condition, 40 A.L.R.2d 15.

Admissibility of opinion evidence of lay witnesses as to diseases and physical condition of animals, 49 A.L.R.2d 932.

Admissibility, in homicide prosecution, of opinion evidence that death was or was not self-inflicted, 56 A.L.R.2d 1447.

Statement of belief or opinion as perjury, 66 A.L.R.2d 791.

Admissibility of opinion evidence as to point of impact or collision in motor vehicle accident case, 66 A.L.R.2d 1048.

Admissibility and probative effect of testimony that motor vehicle was going "fast" or the like, 92 A.L.R.2d 1391.

Person performing services as competent to testify as to their value, 5 A.L.R.3d 947.

Ability to see, hear, smell, or otherwise sense, as proper subject of opinion by lay witness, 10 A.L.R.3d 258.

Admissibility of hearsay evidence as to comparable sales of other land as basis for expert's opinion as to land value, 12 A.L.R.3d 1064.

Necessity of laying foundation for opinion of attesting witness as to mental condition of testator or testatrix, 17 A.L.R.3d 503.

Admissibility of evidence of proposed or possible subdivision or platting of condemned land on issue of value in eminent domain proceedings, 26 A.L.R.3d 780.

Opinion testimony as to speed of motor vehicle based on skid marks and other facts, 29 A.L.R.3d 248.

Competency of nonexpert's testimony, based on sound alone, as to speed of motor vehicle involved in accident, 33 A.L.R.3d 1405.

Admissibility of nonexpert opinion testimony as to weather conditions, 56 A.L.R.3d 575.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Sale price of real property as evidence in determining value for tax assessment purposes, 89 A.L.R.3d 1126.

Unaccepted offer for purchase of real property as evidence of its value, 25 A.L.R.4th 571.

Unaccepted offer to sell or buy comparable real property as evidence of value of property in issue, 25 A.L.R.4th 615.

Unaccepted offer to sell or listing of real property as evidence of its value, 25 A.L.R.4th 983.

Admissibility of testimony of expert, as to basis of his opinion, to matters otherwise excludible as hearsay--state cases, 89 A.L.R.4th 456.

Admissibility of expert or opinion evidence of battered-woman syndrome on issue of self-defense, 58 A.L.R.5th 749.

Admissibility of expert testimony as to proper techniques for interviewing children or evaluating techniques employed in particular case, 87 A.L.R.5th 693.

Admissibility and sufficiency of bite mark evidence as basis for identification of accused, 1 A.L.R.6th 657.

State regulation of naturopaths and naturopathy, 41 A.L.R.7th Art. 10.

Admissibility of "slang,” "lingo,” "jargon,” or "code” lay testimony in state cases, 41 A.L.R.7th Art. 11.

Admissibility of expert or opinion evidence - Supreme court cases, 177 A.L.R. Fed. 77.