                                 CODE OF VIRGINIA

OPINION TESTIMONY AND CONCLUSIONS AS TO FACTS CRITICAL TO CIVIL CASE RESOLUTION
(SUPREME COURT RULE 2:701 DERIVED FROM SUBSECTION B OF THIS SECTION, SUBDIVISION
(A)(I) OF SUPREME COURT RULE 2:702 DERIVED FROM SUBSECTION A OF THIS SECTION,
AND SUBSECTION (A) OF SUPREME COURT RULE 2:704 DERIVED FROM SUBSECTIONS B AND C
OF THIS SECTION) (§ 8.01-401.3)

A. In a civil proceeding, if scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert by knowledge, skill,
experience, training, or education may testify thereto in the form of an opinion
or otherwise.

B. No expert or lay witness while testifying in a civil proceeding shall be
prohibited from expressing an otherwise admissible opinion or conclusion as to
any matter of fact solely because that fact is the ultimate issue or critical to
the resolution of the case. However, in no event shall such witness be permitted
to express any opinion which constitutes a conclusion of law.

C. Except as provided by the provisions of this section, the exceptions to the
&#8220;ultimate fact in issue&#8221; rule recognized in the Commonwealth prior
to enactment of this section shall remain in full force.

HISTORY: 1993, c. 909.