ID · jury_instructions
IDJI 2.28
Binding instruction on “presumption” of due care
You are to accept as a fact that __________ was exercising ordinary care at the time of and immediately before the accident.
Comment:
Use this instruction where there is no evidence on the issue of due care. If there is sufficient evidence on the issue, the presumption evaporates and no special instruction should be given at all. Idaho Rule of Evidence 301; see also, IDJI2d 130 and comment.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
fcb0fec99c890a287093f175bfb85979157be209d95222c026cc75ed365492f6
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