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RULES OF EVIDENCE

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule 704. Opinion on an Ultimate Issue


An opinion is not objectionable just because it embraces an ultimate issue.

 

2016 NHRE Update Committee Note

The 2016 amendment made stylistic changes to the rule.

Federal Rule of Evidence 704 includes a subsection (b), which provides an exception to the general rule stated in FRE 704(a). Subsection (b) of the federal rule reads,

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. These matters are for the trier of fact alone.

This amendment was made to the federal rule in 1984, after John Hinkley Jr. was found not guilty by reason of insanity in the assassination attempt on President Reagan. There is no reason to create the exception in New Hampshire.

 

 

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