Rule 2:704. OPINION ON ULTIMATE ISSUE (Rule 2:704(a) derived from Code § 8.01- 401.3(B) and (C))

(a) Civil cases . In civil cases, no expert or lay witness may be prohibited from expressing an otherwise admissible opinion or conclusion as to any matter of fact solely because that fact is the ultimate issue or critical to the resolution of the case. But in no event may such witness be permitted to express any opinion which constitutes a conclusion of law. Any other exceptions to the "ultimate fact in issue" rule recognized in the Commonwealth remain in full force.

(b) Criminal cases . In criminal proceedings, opinion testimony on the ultimate issues of fact is not admissible. This Rule does not require exclusion of otherwise proper expert testimony concerning a witness' or the defendant's mental disorder and the hypothetical effect of that disorder on a person in the witness' or the defendant's situation.

Committee Notes

Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012 . Last amended by Order dated November 13, 2020; effective July 1, 2021.