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Number of Witnesses
2001
- Evidence
C - 80.32
The weight of the evidence is not determined by the number of witnesses testifying on either side. You should consider all the facts and circumstances in evidence to determine which of the witnesses, if any, are worthy of belief. [You may find that the testimony of a smaller number of witnesses on one side is more believable than the testimony of a greater number of witnesses on the other side.]
 
Billingsley v. McCormick Transfer Co., 58 ND 921, 228 NW 427 (1929)

Federal Jury Practice & Instructions (5th ed.), Number of Witnesses, § 104.54


Note: Bracketed language should be given when both parties present witnesses.