CALCRIM No. 222

“Evidence” is the sworn testimony of witnesses, the exhibits admitted

into evidence, and anything else I told you to consider as evidence.

Nothing that the attorneys say is evidence. In their opening statements

and closing arguments, the attorneys discuss the case, but their remarks

are not evidence. Their questions are not evidence. Only the witnesses’

answers are evidence. The attorneys’ questions are significant only if they

helped you to understand the witnesses’ answers. Do not assume that

something is true just because one of the attorneys asked a question that

suggested it was true.

During the trial, the attorneys may have objected to questions or moved

to strike answers given by the witnesses. I ruled on the objections

according to the law. If I sustained an objection, you must ignore the

question. If the witness was not permitted to answer, do not guess what

the answer might have been or why I ruled as I did. If I ordered

testimony stricken from the record you must disregard it and must not

consider that testimony for any purpose.

Y ou must disregard anything you saw or heard when the court was not

in session, even if it was done or said by one of the parties or witnesses.

[During the trial, you were told that the People and the defense agreed,

or stipulated, to certain facts. This means that they both accept those

facts as true. Because there is no dispute about those facts you must also

accept them as true.]

The court (reporter has made a record of/has recorded) everything that

was said during the trial. If you decide that it is necessary, you may ask

that the (court reporter’s record be read to/court’s recording be played

for) you. Y ou must accept the (court reporter’s record/court’s recording)

as accurate.

New January 2006; Revised June 2007, August 2009, February 2012, March 2019,

March 2021