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WPI 2.07 Weighing Conflicting Testimony—Number of Witnesses

6 WAPRAC WPI 2.07Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 2.07 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
Chapter 2. Credibility of Witnesses, Weight of Testimony, and Other Evidence
WPI 2.07 Weighing Conflicting Testimony—Number of Witnesses
(The WPI Committee recommends that no instruction be given on this subject.)
It is recommended that no instruction covering this subject be given because it tends to emphasize, minimize, or single out the testimony of certain witnesses. It is error for the court to single out any particular witness or class of witnesses and comment either favorably or unfavorably as to the weight or credibility to be accorded to their testimony. Otter v. Department of Labor and Industries, 11 Wn.2d 51, 118 P.2d 413 (1941); Peizer v. City of Seattle, 174 Wash. 95, 24 P.2d 444 (1933); Gustafson v. Seattle Traction Co., 28 Wash. 227, 68 P. 721 (1902).
It is true that the number of witnesses testifying on one side or another is often important, but the number is not conclusive. The portion of WPI 1.02 (Conclusion of Trial—Introductory Instruction), related to witnesses, and WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence), make the giving of this instruction unnecessary.
[Current as of September 2018.]
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