M Civ JI 97.13 Judging Credibility and Weight of Evidence

(1) It is your job to decide what the facts of this case are. You must decide which witnesses you believe and how important you think their testimony is. You do not have to accept or reject everything a witness says. You are free to believe all, none, or part of any person's testimony.

(2) In deciding which testimony you believe, you should rely on your own common sense and everyday experience. However, in deciding whether you believe a witness's testimony, you must set aside any bias or prejudice you have based on the witness's disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases. Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. Witnesses can have the same implicit biases. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties. Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

Take the time you need to reflect carefully about the evidence. I caution you to avoid reaching conclusions that may have been influenced by unintended stereotypes or associations. You must each reach your own conclusions about this case individually, but you should do so only after listening to and considering the opinions of the other jurors, who may have different backgrounds and perspectives from yours. Working together will help achieve a fair result.

As you deliberate with your fellow jurors, it is important to keep an open mind about the evidence, including how it may be viewed through different perspectives. I encourage you to explain to your fellow jurors the reasons why you believe the evidence supports your decision to vote in a certain way. It is equally important for you to listen to your fellow jurors and to carefully consider any differing points of view during your deliberations.

(1)​ There is no fixed set of rules for judging whether you believe a witness, but it may help you to think about these questions:

(a)​Was the witness able to see or hear clearly? How long was the witness watching or listening? Was anything else going on that might have distracted the witness?

(b)​Does the witness seem to have a good memory?

(c)​How does the witness look and act while testifying? Does the witness seem to be making an honest effort to tell the truth, or does the witness seem to evade the questions or argue with the lawyers?

(d)​Does the witness’s age or maturity affect how you judge his or her testimony?

(e)​Does the witness have any bias or prejudice or any personal interest in how this case is decided?

(f)​Have there been any promises, threats, suggestions, or other influences that affect how the witness testifies?

(g)​In general, does the witness have any special reason to tell the truth, or any special reason to lie?

(h)​All in all, how reasonable does the witness’s testimony seem when you think about all the other evidence in the case?

Comment

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

The May 2023 amendments were drawn from amended instructions suggested by the American College of Trial Lawyers and are “designed to counter cognitive flaws and focus jurors’ attention, increase their use of deliberative thought, mitigate ‘confirmation bias,’ and broaden participation during jury deliberation.” Improving Jury Deliberations through Jury Instructions Based on Cognitive Science, American College of Trial Lawyers, February 2019.

History

Added March 2005. Amended October 2019, November 2021, May 2023.