M Civ JI 4.03 Inherently Improbable Testimony [ Recommend No Instruction ]

Comment

The committee recommends that no “inherently improbable testimony” instruction 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 trial judge may point out inherently improbable testimony if he or she chooses to comment upon the evidence. Cook v Vineyard, 291 Mich 375; 289 NW 181 (1939). Whether or not this is done is, of course, within the discretion of the trial judge.

However, a specific instruction on this point is argumentative and invades the province of the jury. Counsel can adequately cover the subject in argument.

History

M Civ JI 4.03 was SJI 2.03.