RULE 704. OPINION ON AN ULTIMATE ISSUE
Testimony in the form of an opinion or inference otherwise
admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of fact.
(a) In General--Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
Rule 704 was amended, effective_________________.
This rule is
Rule based on Fed.R.Ev. 704 of the Federal Rules of
should be noted that this rule applies to the opinions of lay witnesses, whenever admissible,
as well as to opinions of experts.
Rule 704 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee
: of _______________; June 3, 1976, page 7.
Rule Fed.R.Ev. 704 , Federal Rules of
Evidence; Rule 704, SBAND proposal.