Rule 704 — Opinion on an Ultimate Issue

Fed. R. Evid. 704

• Source: Federal Rules of Evidence
• Rule: 704
• ARTICLE VII: OPINIONS AND EXPERT TESTIMONY
• Citation: Fed. R. Evid. 704

Text

(a) IN GENERAL—NOT AUTOMATICALLY OBJECTIONABLE. An opin-
ion 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.

Advisory Committee Notes

(As amended Pub. L. 98–473, title II, §406, Oct. 12, 1984, 98 Stat. 2067; Apr. 26, 2011, eff. Dec. 1, 2011.)