M Civ JI 3.16 Interim Commentary by Attorneys

At this juncture in the trial, the court finds it appropriate to allow each party to provide interim commentary. The lawyers’ commentaries are not evidence. They are only meant to help you understand the evidence and each side’s legal theories. You should only accept things that the lawyers say that are supported by the evidence or by your own common sense and general knowledge. All of my earlier instructions regarding basing your decision on the evidence and law continue to apply.

Note on Use

The court may place reasonable time limits on the interim commentary.

Comment

The 2011 adoption of this instruction reflects the amendment to MCR 2.513(D) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. This amendment gives the court discretion to permit the parties to present interim commentary.

History

M Civ JI 3.16 was added October 2011.