1998 NDJI-CIVIL 1600
You are the judges of all questions of fact in this case. You alone must weigh the evidence under these instructions and determine the credibility of the witnesses. As to these matters I express no opinion.
In performing this task, you may consider any facts or circumstances in the case which tend to strengthen, weaken or contradict a witness's testimony. You may consider age, intelligence and experience; strength or weakness of recollection; how a witness came to know the facts to which the witness testified; possible interest in the outcome of the trial; any bias or prejudice a witness may have; manner and appearance; whether a witness was frank or evasive; and whether the testimony was reasonable or unreasonable.
If you find a conflict in the evidence, you should reconcile it if you can. If you cannot do so, you have the right to determine whom of the witnesses you will believe, in whole or in part.
You should consider the evidence using your common sense and experience.
Cupp v. Naughten, 476 F.2d 845 (9th Cir. 1973)
State v. Chambers, 68 N.D. 410, 280 N.W. 196 (1938)
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