• 2006 - Statements by Counsel and Judge
  • C-85.01
    • Charge To Jury
    • Closing Instructions
    • Judges
    • Lawyers
  • An attorney is an officer of the Court. It is an attorney's duty to [interview witnesses in advance of the trial and] present evidence on behalf of a client, to make proper objections, and to argue fully a client's cause. However, the argument or other remarks of an attorney [,except admissions and stipulations noted in the course of the trial,] must not be considered by you as evidence. If counsel or I have made any comments or statements concerning the evidence which you find are not supported by the evidence, you should disregard them and rely on your own recollection or observation. If counsel have made any statements as to the law which are not supported by these instructions, you should disregard those statements.
    • Benedict v. St. Luke’s Hosp., 365 NW2d 499 (ND 1985)
    • Fox v. Bellon, 136 NW2d 134 (ND 1965)
    • Hoffer v. Burd, 49 NW2d 282 (ND 1951)
    • Holt v. Carl Albers, Inc., 370 NW2d 520 (ND 1985)
    • In re Estate of Paulson, 219 NW2d 132 (ND 1974)
    • State v. McClary, 2004 ND 98, 679 NW2d 455
  • Notes: NDJI C - 85.01 is identical to NDJI K - 5.50 except that references to the criminal cases at the end of the note in K - 5.50 are omitted.