M Civ JI 4.05 Party Competent as a Witness [ Recommend No Instruction ]

Comment

The committee recommends that no instruction on the “party competent as a witness” be given.

M Civ JI 4.01 informs the jury that they may consider any interest or bias a witness has in determining his or her credibility. It will cover the interest of a party witness, and the committee recommends that no separate instruction on this subject be given. A separate instruction may place undue emphasis upon particular aspects of the evidence.

An instruction which mentioned the interest of an individual party by name or otherwise was disapproved in Seitz v Starks, 144 Mich 448; 108 NW 354 (1906).

History

M Civ JI 4.05 was SJI 2.05.