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Rule 704. ?Opinionon Ultimate Issue.


(a)      InGeneral ? Not Automatically Objectionable. An opinion is notobjectionable 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 ordid not have a mental state or condition that constitutes an element of thecrime 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 therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in any rulingon evidence admissibility. This rule is the federal rule, verbatim.


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


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