Civil Jury Instructions Home

1.2-8 Prerecorded Testimony

Revised to January 1, 2008

Where a witness is unavailable at the time of trial (or the parties otherwise agree), the testimony of that witness as recorded under oath at an earlier time may be presented for your consideration.  Your role as jurors in assessing testimony presented in this manner is no different than if the witness were here in court to testify and you should pay careful attention as the (transcribed testimony is read / the videotaped testimony is played).  You should not make any adverse inference from the fact that the witness was not present in person to testify, but rather you should consider this testimony in the same way that you consider all of the other evidence in this trial.

Authority

Practice Book § 13-31 (a) (2) and (4).

Notes

Many trial court judges find this instruction to be most useful if given when the transcribed evidence is admitted.  If given at that time, or otherwise during the trial, the trial court judge may decide that the final charge to the jury may not require its repetition.