Rule 704. Opinion on Ultimate Issue

LibrarySouth Carolina Evidence Annotated (SCBar) (2019 Ed.)

Rule 704. Opinion on Ultimate Issue

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

Note:

This rule is identical to former Rule 43(m)(3), SCRCP, and former Rule 24(c), SCRCrimP. It is identical to the federal rule as it existed prior to the 1984 amendment which added subsection (b) to the rule to prohibit expert testimony on the ultimate issue of whether a criminal defendant is insane.

Annotations Rule 704

Hypothetical

An expert's opinion testimony may be based upon a hypothetical question. Even though...

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