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Rule 704. Opinion on Ultimate Issue.


(a)      In General NotAutomatically Objectionable. An opinion is not objectionable just becauseit embraces an ultimate issue.

(b)      Exception. In a criminal case, an expertwitness must not state an opinion about whether the defendant did or did nothave a mental state or condition that constitutes an element of the crimecharged or of a defense. Those matters are for the trierof fact alone.



2011 Advisory CommitteeNote. Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intended to be stylisticonly. There is no intent to change any result in any ruling on evidenceadmissibility. This rule is the federal rule, verbatim.




This rule isthe federal rule, verbatim, and comports with Rule 56(4), Utah Rules ofEvidence (1971). See Edwards v. Didericksen, 597 P.2d1328 (Utah 1979).


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