Rule 704 Opinion on Ultimate Issue

• Library: The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.)

FEDERAL RULES OF EVIDENCE

Rule 704. Opinion on an 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.

ILLINOIS RULES OF EVIDENCE

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.

COMMENTARY

Author's Commentary on Ill. R. Evid. 704

IRE 704 is identical to FRE 704(a) before the latter's amendment solely for stylistic purposes effective December 1, 2011. FRE 704(b), which is substantively identical in both its...