Arizona Rule of Evidence 702 Interpretation

In Arizona, expert testimony is admissible if it "will assist the trier of fact to understand the evidence or determine a fact in issue." Ariz. R. Evid. 702. An expert may testify to an opinion that "embraces an ultimate issue to be decided by the trier of fact" if the testimony is otherwise admissible. Ariz. R. Evid. 704. The comment to Arizona Rules of Evidence (Rule) 704 cautions, however, that "witnesses are not permitted as experts on how juries should decide cases." Finally, even relevant testimony that is admissible pursuant to Rule 702 "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury." See Ariz. R. Evid. 403; see also State v. Chappell, 225 Ariz. 229, 235-36, P17, 236 P.3d 1176, 1182-83 (2010).