8.01-401.3 - Opinion testimony and conclusions as to facts critical to civil case resolution. - Virginia Statutes

§ 8.01-401.3. Opinion testimony and conclusions as to facts critical to civilcase resolution.

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

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

C. Except as provided by the provisions of this section, the exceptions tothe "ultimate fact in issue" rule recognized in the Commonwealth prior toenactment of this section shall remain in full force.

(1993, c. 909.)