Testimony in the form of an opinion or inference otherwise admissible is not objectionable merely because it embraces an ultimate issue to be decided by the trier of fact.126 If such testimony is offered by a non-expert witness, however, it remains subject to the limitations on non-expert opinions as well as all the other requirements of the Delaware Rules of Evidence.
126. D.R.E. 704; Weinberger v. UOP, Inc., 426 A.2d 1333, 1361 (Del. Ch. 1981), rev’d on other grounds, 457 A.2d 701 (Del. 1983); State v. Magner, ID #9509007746, slip op. at 19, Alford, J. (Del. Super. Mar. 7, 1997); State v. Flamer, Nos. 1K79-l 1-0236-0239-RI, slip op. at 11-12, Ridgely, J. (Del. Super. June 16, 1989), aff’d, 585 A.2d 736 (Del. 1996).
© 2010 David L. Finger