Does Rule 704 permit an expert to express an opinion on the ultimate issue?

Does Rule 704 permit an expert to express an opinion on the ultimate issue?

• A. No, an expert may not testify on any ultimate issue.
• B. Yes, with no limitations.
• C. Only for certain types of issues.
• D. Yes, an expert may testify on the ultimate issue, subject to other applicable limitations.

Answer: (D)

Rule 704 allows an expert to offer an opinion that addresses an ultimate issue in the case. That means an expert may testify that, for example, a defendant was negligent or that a product defect caused the harm, because these are the kinds of issues the jury ultimately decides and the rule does not bar such opinions. But this is not unlimited: the opinion must be grounded in the expert’s specialized knowledge and the underlying facts, and it must be framed in a way that aids the jury rather than usurping its role. In addition, the testimony must still pass all other evidentiary requirements—relevance, reliability, and any limits under Rule 403 for potential prejudice or confusion. So the correct view is that yes, an expert may testify on the ultimate issue, subject to other applicable limitations.

Rule 704 allows an expert to offer an opinion that addresses an ultimate issue in the case. That means an expert may testify that, for example, a defendant was negligent or that a product defect caused the harm, because these are the kinds of issues the jury ultimately decides and the rule does not bar such opinions. But this is not unlimited: the opinion must be grounded in the expert’s specialized knowledge and the underlying facts, and it must be framed in a way that aids the jury rather than usurping its role. In addition, the testimony must still pass all other evidentiary requirements—relevance, reliability, and any limits under Rule 403 for potential prejudice or confusion. So the correct view is that yes, an expert may testify on the ultimate issue, subject to other applicable limitations.