Under Rule 704, an expert may testify on the ultimate issue, provided what?

• A. Yes, an expert may testify on the ultimate issue.
• B. No, an expert may not testify on the ultimate issue.
• C. Yes, with no limitations.
• D. Yes, an expert may testify on the ultimate issue, subject to other applicable limitations.

Answer: (D)

Rule 704 lets an expert testify about the ultimate issue, but only if the testimony rests on reliable data and methods and complies with all other applicable evidentiary limits. In other words, an expert can address the issue that the trier of fact must decide (such as whether a party had the mental state required for a crime, whether causation occurred, or whether damages were caused by the defendant’s conduct), as long as the opinion is grounded in the expert’s specialized knowledge, explained with the data and reasoning, and not excluded by other rules. This is not an invitation to blanketly declare the legal outcome—the testimony must still meet the usual standards of admissibility (relevance, reliability, helpfulness, lack of undue prejudice, etc.) and be subject to rules like 702, 403, and other limitations. Hence, the correct formulation is that an expert may testify on the ultimate issue, subject to other applicable limitations.