Rule · Federal Rules of Evidence
Rule 704. Opinion on an Ultimate Issue
Federal Rules of Evidence § 704
- Type
- Rule
- Source
- Federal Rules of Evidence
- Jurisdiction
- Federal
- Date
- 2026-07-10
- Topic
- general
Rule 704. Opinion on an Ultimate Issue (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.
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Rule704. Opinion on 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.