TITLE SEVEN — OPINION AND EXPERT EVIDENCE
Rule 704. Opinion on Ultimate Issue
Ultimate Issue. An opinion is not objectionable just because it embraces an ultimate issue.
Limits. Subdivision (1) does not make admissible an opinion that is otherwise excluded, and in particular does not make admissible:
an opinion upon a question of the law of Ridgeway, or an opinion that applies a legal standard to the facts, as Rule 702(9) provides;
an opinion that a party is guilty or not guilty, or is liable or not liable;
an opinion as to the credibility or truthfulness of a witness or declarant, as Rule 610 and Rule 702(12) provide;
an opinion as to whether a defendant in a criminal case had a mental state or condition that constitutes an element of the offense charged or of a defense, as Rule 702(11) provides; or
Form of the Question. The court may require that a question calling for an opinion upon an ultimate issue be reframed, may require that the opinion be stated in terms of the facts, conditions, or standards observed rather than in the language of a legal standard, and may direct that the opinion be preceded by a statement of the facts upon which it rests.
Proceedings Before the Administrative Court. In a proceeding before the administrative court, an opinion upon an ultimate issue is inadmissible to the extent it states a legal or policy conclusion, as 3 R. Stat. § 141.105 requires and as Rule 702(10) provides.
Instruction. Where an opinion upon an ultimate issue is admitted, the court shall, on request, instruct the trier of fact that it is not bound by the opinion and that the determination of the issue remains its own.