Rule · Federal Rules of Evidence
Fed. R. Evid. 704 — Opinion on an Ultimate Issue
Fed. R. Evid. 704
- Type
- Rule
- Source
- Federal Rules of Evidence
- Jurisdiction
- Federal
- Date
- 2026-10-22
(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.
Citator
Fed. R. Evid. 704 — Opinion on an Ultimate Issue is in force in the current edition of the Code, and nothing recorded condemns it.
(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.