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2.3-1 Ruling on Objections

Revised to January 1, 2008

A trial is governed by rules of evidence.  It is my duty to apply these rules to the testimony and exhibits offered by the parties to determine if that evidence should be admitted for you to consider.  Lawyers have the right and sometimes the obligation to object to evidence that is offered and seek a ruling as to the admissibility of that evidence under the rules.  You should not hold it against a lawyer, or the party (he/she) represents, if the lawyer objects to evidence or moves to strike evidence, regardless of the judge's ruling.  Just because evidence is admitted after an objection, you are not required to treat that evidence as true, but you should weigh and consider it in the same way as other evidence.  You should not infer from my rulings on evidence that I favor or disfavor any party or lawyer; the court is neutral and is merely enforcing the rules of evidence so as to assure a fair trial.  Do not speculate as to what the answer would have been had I not sustained an objection and do not place any emphasis on a piece of evidence merely because I overruled an objection to it.


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