IDJI 100

INSTRUCTION NO. ________

        These instructions define your duties as members of the jury and the law that applies to this case. Your duties are to determine the facts, to apply the law set forth in these instructions to those facts, and in this way to decide the case. In so doing, you must follow these instructions. You must consider them as a whole, not picking out one and disregarding others. Neither sympathy nor prejudice should influence you in your deliberations. Faithful performance by you of these duties is vital to the administration of justice.

        In determining the facts, you may consider only evidence admitted in this trial. This evidence consists of the testimony of the witnesses, the exhibits offered and received, and any stipulated or admitted facts. The production of evidence in court is governed by rule of law. At times during the trial, I [may sustain] [sustained] an objection to a question without permitting the witness to answer it or to an offered exhibit without receiving it into evidence. I [will do] [did] this when the question called for testimony that was not admissible or when the exhibit itself was inadmissible. In reaching your decision, you may not consider such a question or exhibit or speculate as to what the answer or exhibit would have shown. In addition, where an answer [is] [was] given or an exhibit received, I [may instruct] [instructed] that it be stricken from the record, that you disregard it and that you dismiss it from your minds. I [will do] [did] this when it [becomes] [became] apparent that the evidence was inadmissible only after it had been presented to you. In reaching your decision, you may not consider this testimony or exhibit. Except as explained in this instruction, none of my rulings [are] [were] intended by me to indicate any opinion concerning the evidence in this case.

        The arguments and remarks of the attorneys involved in this case are intended to help you in understanding the evidence and applying the instructions, but they are not themselves evidence.  If any argument or remark has no basis in the evidence, then you should disregard it. However, there are two exceptions to this rule: (1) An admission of fact by one attorney is binding on his party; and (2) Stipulations of fact by all attorneys are binding on all parties.

        The law does not require you to believe all of the evidence admitted in the course of the trial. As the sole judges of the facts, you must determine what evidence you believe and what weight you attach to it. In so doing, you bring with you to this courtroom all of the experience and background of your lives. In your everyday affairs, you determine for yourselves whom you believe, what you believe and how much weight you attach to what you are told. The same considerations that you use in your everyday dealings in making these decisions are the considerations which you should apply in your deliberations.

        In evaluating the testimony, you should consider such items as: the interest, bias or prejudice of any witness in the outcome of this case; the age and appearance of the witness and the manner in which he gives his testimony; the opportunity that the witness had to observe the facts about which he testified; the contradiction, if any, of a witness's testimony by other evidence; [any statements made by the witness at other times that are inconsistent with his present testimony;] [any evidence regarding a witness's general reputation for truth, honesty or integrity;] and [any felony conviction of a witness].

        In evaluating the exhibits, you should consider such items as: the circumstances under which the exhibit was prepared; and the probability that the exhibit accurately reflects what it is intended to show in light of the other evidence of the case.

IDJI 100.