MUJI 2d CV119A

"Evidence" is anything that tends to prove or disprove a disputed fact. It can be the testimony of a witness or documents or objects or photographs or certain qualified opinions or any combination of these things.

You must entirely disregard any evidence for which I sustain an objection and any evidence that I order to be struck.

Anything you may have seen or heard outside the courtroom is not evidence and you must entirely disregard it.

In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you:

(1) Arguments and statements by [self-represented plaintiff] [self-represented defendant] and [plaintiff] [defense] counsel are not evidence. [Self-represented plaintiff] [self-represented defendant] when acting as [his/her/their] own counsel and [plaintiff] [defense] counsel are not witnesses. What they say in their opening and closing statements and what they say when they are not testifying as a witness is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way they have stated them, your memory of them controls. However, [self-represented plaintiff] [self-represented defendant]'s statements as a witness are evidence.

(2) Questions and objections by [self-represented plaintiff] [self-represented defendant] and [plaintiff] [defense] counsel are not evidence.

The parties might stipulate -- or agree -- to a fact or I might take judicial notice of a fact. Otherwise, what is said in court, other than sworn testimony, is not evidence.

You are to consider only the evidence in this case, but you are not expected to abandon your common sense. You are permitted to interpret the evidence in light of your experience.