The court will now allow each party to provide interim commentary. The lawyers’ commentaries are not evidence. They are only meant to help you understand the evidence and each side’s legal theories. You should only accept things that the lawyers say that are supported by the evidence or by your own common sense and general knowledge. All of my earlier instructions about basing your decision on the evidence and law continue to apply.
The court is not required to allow interim commentary. An instruction of this nature should be given if the court, in its discretion, allows interim commentaries.
M Crim JI 2.5a (formerly CJI2d 2.5a) was adopted by the committee in September, 2011.