§ 90.703, Fla. Stat. — Opinion on the Ultimate Issue
Plain English
Old common law had a rule that a witness could not give an opinion on the “ultimate issue” — the very question the jury was there to decide — for fear of invading the jury’s role. Florida scrapped that. Under § 90.703, an opinion that is otherwise admissible is not objectionable just because it embraces an ultimate issue. So an expert can testify that a product was “defective” or that conduct fell below the standard of care, even though that’s exactly what the jury must decide. The catch: the opinion still has to clear every other hurdle — it must be helpful, properly grounded, and not simply tell the jury what verdict to return as a matter of law.
From the Courtroom
Opposing counsel still reflexively objects, “That invades the province of the jury!” — but 90.703 retired that objection decades ago. The real limit isn’t the ultimate issue at all; it’s whether the opinion is otherwise admissible and actually helps the jury, instead of just announcing the verdict the witness wants.
Key Points & Authority
- § 90.703, Fla. Stat. — An otherwise-admissible opinion is not objectionable merely because it includes an ultimate issue for the trier of fact.
- Still must be otherwise admissible: the opinion must satisfy the helpfulness and reliability requirements (lay § 90.701 / expert § 90.702) and may not be a pure legal conclusion dressed as fact.
- Federal parallel: Fed. R. Evid. 704 (note the numbering shift — Florida’s 90.703 corresponds to federal 704, not 703).
Federal Parallel
The federal counterpart is Fed. R. Evid. 704. (The numbering differs: Florida’s ultimate-issue rule is § 90.703, while the federal ultimate-issue rule is FRE 704; federal 703 corresponds instead to Florida’s § 90.704 on the basis of expert opinion.) FRE 704 also adds a criminal-case limit on opinions about a defendant’s mental state that Florida does not codify here.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.703 abolishes the old ultimate-issue bar: an otherwise-admissible opinion is not objectionable merely because it embraces an ultimate issue the trier of fact must decide.