8th Cir. Model Jury Instr. (Criminal) 3.03

I have mentioned the word “evidence.” The “evidence” in this case consists of the testimony of witnesses [the documents and other things received as exhibits] [the facts that have been stipulated—this is, formally agreed to by the parties,] [the facts that have been judicially noticed—this is, facts which I say you may, but are not required to, accept as true, even without evidence].1

You may use reason and common sense to draw deductions or conclusions from facts which have been established by the evidence in the case.2

Certain things are not evidence. I will list those things again for you now:

Statements, arguments, questions and comments by lawyers representing the parties in the case are not evidence.

Objections are not evidence. Lawyers have a right to object when they believe something is improper. You should not be influenced by the objection. If I sustained an objection to a question, you must ignore the question and must not try to guess what the answer might have been.

Testimony that I struck from the record, or told you to disregard, is not evidence and must not be considered.

Anything you saw or heard about this case outside the courtroom is not evidence.3

Finally, if you were instructed that some evidence was received for a limited purpose only, you must follow that instruction.4