2 PJI 9 | STRIKING EVIDENCE
I have ordered that [describe the evidence] be struck from the record and I am instructing you that you must disregard that information [testimony]. That means that when you are deciding the case, you must not consider that information [testimony] in any way.
The instruction is derived from former Ninth Circuit 1.7. Cf. Ninth Circuit 1.10. It can also be altered to be given as part of a general instruction on evidence at the beginning of the case. See Instruction 1.5. The instruction is to be given when the evidence is struck, and not at the end of the case, as it could be counterproductive to describe the evidence that has been struck at that later point.
(Last Updated October 2017)
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(US District Courts - 3rd Circuit)!
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