You must consider [name of party]’s answers to interrogatories in the same manner as if the answers were made from the witness stand.
COMMENT
The instruction is derived from former Ninth Circuit 2.13. Cf. Ninth Circuit 2.10.This instruction should be used before the interrogatories are read to the jury. It can be modified to be given again at the close of the evidence. The instruction is not appropriate if the answers to the interrogatories are used for impeachment only. See Fed.R.Civ.P. 33.
This instruction should not be used for requests for admission under Fed.R.Civ.P. 36. The effect of a request for admission is conclusive as to the fact admitted.
