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ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Rule 702
Rule 703
Rule 704
Rule 705
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 704. Opinion on Ultimate Issue [changes highlighted]

       [(a) Except as provided in subdivision (b), t] Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue of fact or application of the controlling legal principles to the facts [to be decided by the trier of fact].

       [(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.]

Click here to see commentary on Revised Article 704.

Revised Rule 704. Opinion on Ultimate Issue [clean copy]

       Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue of fact or application of the controlling legal principles to the facts.

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