Joint Request To Charge Page 7
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10evidence. The reasonable doubt standard does not apply to a civil case and you should hterefore
put it out of your mind.
EVIDENCE
The evidence from which you are to decide what the facts are consists of:
(1)
the sworn testimony of witnesses, both on direct and cross-examination,
regardless of who called the witness;
(2)
the exhibits which have been received into evidence; and
(3)
any facts to which all the lawyers have agreed or stipulated or that I instruct you to
find.
WHAT IS NOT EVIDENCE
Certain things are not evidence and you may not consider them in deciding what the facts
are. I will list them for you:
(1)
arguments and statements by lawyers are not evidence. The lawyers are not
witnesses. What they have said in their opening statements, closing arguments
and at other times is intended to help you interpret the evidence. But it is not
evidence. If the facts as you remember them differ from the way the lawyers have
stated them, your memory of them controls.
(2)
questions and objections by the lawyers are not evidence. Attorneys have a duty
to their clients to object when they believe a question is improper under the Rules
of Evidence. You should not be influenced by the objection or by the Court’s
ruling on it.
(3)
testimony that has been excluded or stricken, or that you have been instructed to
disregard, is not evidence and must not be considered. In addition, if testimony or
exhibits have been received only for a limited purpose, you must follow the
limiting instructions I have given.
(4)
anything you may have seen or heard when the court was not in session is not
evidence. You are to decide the case solely on the evidence received at the trial.
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