3d Cir. Model Jury Instr. (Civil) 2.13

Recorded Conversation 2

Model 3

At this time you are going hear conversations that were recorded. This is proper evidence 4

for you to consider. Please listen to it very carefully. I am going to allow you to have a transcript 5

of the recording [prepared by ___________] to help you identify speakers and as a guide to help 6

you listen to the recording. If you believe at any point that the transcript says something different 7

from what you hear on the recording, remember it is the recording that is the evidence, not the 8

transcript. Any time there is a variation between the recording and the transcript, you must be 9

guided solely by what you hear on the recording and not by what you see in the transcript. 10

[In this case there are two transcripts because there is a difference of opinion as to what is 11

said on the recording. You may disregard any portion of either or both transcripts if you believe 12

they reflect something different from what you hear on the recording. It is what you hear on the 13

recording that is evidence, not the transcripts.] 14

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