Federal Rules of Evidence · Article VII. Opinions and Expert Testimony

Rule 704. Opinion on an Ultimate Issue

Federal Rules of Evidence, official text as in effect December 1, 2024.

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(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.

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

Source: Federal Rules of Evidence, December 1, 2024, Administrative Office of the United States Courts, uscourts.gov.

This page reproduces the official text of the Federal Rules of Evidence for reference. It is not legal advice and adds no commentary. It does not replace the official publication, local rules, or the law that applies in your court. Check the current official text before relying on it.