Maine Restyling Note [November 2014]
Maine Rule of Evidence 704 is similar to its federal counterpart. The Maine Rule does not contain reference to a special treatment of opinions in criminal cases. This difference was carried over in the restyled Rule.
Federal Restyling Committee Note
The language of Rule 704 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
The Committee deleted all reference to an “inference” on the grounds that the deletion made the Rule flow better and easier to read, and because any “inference” is covered by the broader term “opinion.” Courts have not made substantive decisions on the basis of any distinction between an opinion and an inference. No change in current practice is intended.
Advisers’ Note to former M.R. Evid. 704
(February 2, 1976)
The old rule, here abolished, forbidding an opinion on an ultimate issue to be decided by the jury has been in growing disfavor in recent years. This does not lower the bars to admit all such opinions. Under Rules 701 and 702 opinions must be helpful to the trier of fact and Rule 403 provides for exclusion of time-wasting evidence. A lay opinion, for example, that the defendant was negligent would surely be rejected.
