M Civ JI 4.06 Witness Who Has Been Interviewed by an Attorney

It has been brought out that a lawyer *(or a representative of a lawyer) has talked with a witness. There is nothing wrong with a lawyer *(or a representative of a lawyer) talking with a witness for the purpose of learning what the witness knows about the case and what testimony the witness will give.

Note on Use

*The words in parentheses should be used if appropriate.

Comment

This instruction is unnecessary unless the fact of an interview has been mentioned during the trial. The Court may wish to give this instruction at the time this fact is brought out.

This instruction was approved in Socha v Passino, 405 Mich 458 (1979).

History

M Civ JI 4.06 was SJI 2.06. Amended January 1993, September 2007.