M Civ JI 97.32 Evidence

(1) When you discuss the case and decide on your verdict, you may only consider the evidence that has been properly admitted in this case. Therefore, it is important for you to understand what is evidence and what is not evidence.

(2) The evidence in this case includes only the sworn testimony of witnesses (the exhibits which I admitted into evidence, and anything else I told you to consider as evidence).

(3) Many things are not evidence and you must be careful not to consider them as evidence. I will now describe some of the things that are not evidence.

(4) The fact that a petition was filed alleging that the Court has jurisdiction over [ Children’s names ], and that [ he / she / they ] [ was / were ] placed in foster care pending this hearing, and that [ Mother’s, Father’s, Guardian’s, Nonparent Adult’s or Custodian’s names ] [ is / are ] present in court today is not evidence.

(5) The lawyers’ statements and arguments are not evidence. They are only meant to help you understand the evidence and the theory of each party. The questions which the lawyers ask witnesses are also not evidence. You should consider these questions only as they give meaning to the witnesses’ answers. You should only accept things the lawyers say that are supported by the evidence or by your own common sense and general knowledge.

(6) My comments, rulings, questions and instructions are also not evidence. It is my duty to see that the trial is conducted according to the law and to tell you the law that applies to this case. However, when I make a comment or give an instruction, I am not trying to influence your vote or express a personal opinion about the case. If you believe that I have an opinion about how you should decide this case, you must pay no attention to that opinion. You are the only judges of the facts and you should decide this case from the evidence.

(7) At times during the trial, I have excluded evidence that was offered or stricken testimony that was heard. Do not consider those things in deciding the case. Make your decision only on the evidence that I let in, and nothing else.

(8) Your decision should be based on all of the evidence regardless of which party produced it.

(9) You should use your own common sense and general knowledge in weighing and judging the evidence, but you should not use any personal knowledge you may have about a place, person or event. To repeat once more, you must decide this case based only on the evidence admitted during the trial.

Note on Use

The reference in Subsection 4 to foster care should only be used if the fact the child is in foster care is made known to the jury. Subsection 7 should only be given when warranted.

History

M Civ JI 97.32 was added March 2005.