24-7-704. Ultimate issue opinion.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible shall not be objectionable because it embraces an ultimate issue to be decided by the trier of fact.#
(b)
No expert witness testifying with respect to the mental state or condition of an accused in a criminal proceeding shall state an opinion or inference as to whether the accused did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 24-7-704, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Opinion on an ultimate issue, Fed. R. Evid. 704.

For article, “An Overview of Ultimate Issue Evidence,” see 25 Ga. St. B.J. 19 (June 2020).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch1-7-(v20)-2023-pdf.pdf, Volume V20, 2023 edition, pages 784 to 785; merge action: annotated; file SHA-256 f2f9d1712dd4.