Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch

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.

Note:

This rule is identical to former Rule 43(m)(3), SCRCP, and former Rule 24(c), SCRCrimP. It is identical to the federal rule as it existed prior the 1984 amendment which added subsection (b) to the rule to prohibit expert testimony on the ultimate issue of whether a criminal defendant is insane.