WI · jury_instructions
Wis JI-Civil 315
Negative Testimony
Positive testimony of credible witnesses regarding an event is entitled to greater
weight than negative testimony of equally credible witnesses as to the same event.
Testimony of a witness that the witness (heard the bell) is positive testimony.
Testimony of a witness (that the witness did not hear the bell) under circumstances
that the witness (could have heard the bell) if it had actually (rung) may be positive or
negative testimony.
If the witness' sense (of hearing) was directed toward learning whether (the bell did
ring), the witness' testimony that the witness (did not hear the bell) is positive testimony.
If the witness' sense (of hearing) was not directed toward learning whether (the bell
did ring), the witness' testimony that the witness (did not hear the bell) is negative testimony.
The strength or weakness of negative testimony depends upon all the circumstances
and the weight you give to this testimony is for you to decide.
History
Wis JI-Civil 315 (2016). ©2016, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a700b4e3b9e3f9627c5404415de4e34438056a72fb5f3947e51928c630e4b38e
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