Rule 704. Opinion on 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. Those matters are for the trier of fact alone.



2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.




This rule is the federal rule, verbatim, and comports with Rule 56(4), Utah Rules of Evidence (1971). See Edwards v. Didericksen, 597 P.2d 1328 (Utah 1979).


This rule is identical to Rule 704 of the Federal Rules of Evidence as amended in 1984.