ID · jury_instructions
ICJI 306
View of the Premises-Preliminary Instructions
ICJI 306 VIEW OF THE PREMISES-PRELIMINARY INSTRUCTIONS
It may be helpful for you to see the place involved in this case. I have appointed Mr./Mrs./Ms. _______ to take you there. While at that place, you are not to make any measurements, conduct any tests or make any demonstrations.
Your observations during this view of the place involved are not evidence in this case, and you are not to take such observations into consideration in arriving at your verdict.
This view is only for the purpose of assisting you in understanding the evidence presented in court.
Comment
A view of the premises is not "evidence." Tyson Creek R.R. Co. v. Empire Mill Co., 31 Idaho 580, 174 P. 1004 (1918); Gilbert v. City of Caldwell, 112 Idaho 386, 732 P.2d 355 (Ct. App. 1987).
Instructing the jury that what it observes at a view does not becomes evidence, and it is not to be taken into consideration in arriving at verdict, except as a means to better understand and apply testimony adduced at trial, is not erroneous. State v. McClurg, 50 Idaho 762, 300 P. 898 (1931), overruled on other grounds, State v. McMahan, 57 Idaho 240, 65 P.2d 156 (1937).
[Instruction modified July 2005]
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
b6e5b82ff8b8a411e24a04056ae13987f3f36cfd03903d6ca419b9336c15a758
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