M Civ JI 4.02 Witness Need Not Be Believed [ Recommend No Instruction ]

Comment

The committee recommends that no instruction that the “witness need not be believed” be given. An instruction of this type is not necessary where M Civ JI 4.01 is given, as that instruction adequately covers credibility factors.

The Michigan Supreme Court has held that it is for the jury to determine whether to believe the testimony of a witness, even though it is uncontradicted, where other circumstances or parts of his or her testimony are inconsistent with his or her story. Preuschoff v B Stroh Brewing Co, 132 Mich 107; 92 NW 945 (1903); Michigan Pipe Co v Michigan Fire & Marine Insurance Co, 92 Mich 482; 52 NW 1070 (1892). Counsel can adequately cover the subject in argument.

History

M Civ JI 4.02 was SJI 2.02.