• 2008 - After a View
  • C-80.40
    • Evidence
    • Evidence
  • You have been permitted to view the _____ involved in this case solely to help you understand the evidence received during the trial and to assist you in weighing the evidence and determining the credibility of witnesses. A view of the ____ does not allow you to consider matters outside the evidence received in Court. While you need not shut your eyes to what you see when a view is allowed by the Court, your verdict must be within the limits of the evidence received. Your verdict cannot rest alone upon your view of the __________.
    • 28-14-15
    • Schmitt v. N. Improvement Co., 115 NW2d 713, 720 (ND 1962)
  • Notes: See also C - 80.39 for an instruction to give before the view