Opinion on an Ultimate Issue

U.S Code last checked for updates: Jan 18, 2025

Rule 704.

(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.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1937; Pub. L. 98–473, title II, § 406, Oct. 12, 1984, 98 Stat. 2067; Apr. 26, 2011, eff. Dec. 1, 2011.)