CACI No. 106

Y ou must decide what the facts are in this case only from the evidence

you see or hear during the trial. Sworn testimony, documents, or

anything else may be admitted into evidence. Y ou may not consider as

evidence anything that you see or hear when court is not in session, even

something done or said by one of the parties, attorneys, or witnesses.

What the attorneys say during the trial is not evidence. In their opening

statements and closing arguments, the attorneys will talk to you about

the law and the evidence. What the lawyers say may help you

understand the law and the evidence, but their statements and

arguments are not evidence.

The attorneys’ questions are not evidence. Only the witnesses’ answers

are evidence. Y ou should not think that something is true just because an

attorney’s question suggests that it is true. However, the attorneys for

both sides can agree that certain facts are true. This agreement is called

a “stipulation.” No other proof is needed and you must accept those facts

as true in this trial.

Each side has the right to object to evidence offered by the other side. If

I do not agree with the objection, I will say it is overruled. If I overrule

an objection, the witness will answer and you may consider the evidence.

If I agree with the objection, I will say it is sustained. If I sustain an

objection, you must ignore the question. If the witness did not answer,

you must not guess what that witness might have said or why I sustained

the objection. If the witness has already answered, you must ignore the

answer.

An attorney may make a motion to strike testimony that you have

heard. If I grant the motion, you must totally disregard that testimony.

Y ou must treat it as though it did not exist.

New September 2003; Revised February 2005, December 2010, December 2012,

May 2020