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1.2-5 Stricken Evidence

Revised to January 1, 2008

I have just stricken <identify evidence> from the evidence in this case.  That evidence is not a part of this case, and you should banish it completely from your minds.  You may not consider it in deciding the issues in this case.


Many lawyers and judges believe that reference to stricken evidence during the final charge to the jury is more prejudicial than it is helpful.  A trial court judge may decide that a sufficiently forceful charge given at the time the evidence is stricken may obviate the need or desire for a further charge at the end of the case.



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