In Georgia an expert opinion is not objectionable merely because it answers the very question the judge or jury has to decide.
What the Statute Says
OCGA 24-7-704(a) provides that “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.” That provision arrived with Georgia’s current Evidence Code, effective January 1, 2013, and it removed an objection that used to be available whenever an expert reached the decisive question. Note the words “otherwise admissible.” The opinion must still be one that assists the trier of fact under OCGA 24-7-702(b), and the trial court still decides that.
Legal Conclusions Are Still Off Limits
The statute did not turn experts into judges. In Fireman’s Fund Insurance Co. v. Holder Construction Group, LLC, 362 Ga. App. 367 (2022), the Court of Appeals drew the line this way: “[a]n expert witness may not testify as to his opinion regarding ultimate legal conclusions, but may testify to an ultimate issue of fact.” An expert can tell the court what a business is worth. Whether transferring it was legally improper is for the court.
In a Custody Case
In Walls v. Walls, 291 Ga. 757 (2012), a husband called a custody evaluator as an expert in the parties’ divorce. The trial court ruled that she could testify as an expert but “could not give her opinion as to the ultimate issue of which parent should be granted primary physical custody of the children.” So expect a custody evaluator, a business appraiser, or a psychologist to be allowed to explain what they found, and expect the judge to keep the final call.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!