New September 2003; Revised April 2004, April 2007, December 2012, December
Directions for Use
This instruction may be given as either an introductory instruction before trial (see
CACI No. 107) or as a concluding instruction.
The advisory committee recommends that this instruction be read to the jury before
reading instructions on the substantive law.
In the last paragraph, the court may delete inapplicable categories of potential jury
Sources and Authority
• Role of Jury. Evidence Code section 312.
• Considerations for Evaluating the Credibility of Witnesses. Evidence Code
• Direct Evidence of Single Witness Sufficient. Evidence Code section 411.
• The willfully false witness instruction was formerly codiﬁed at Code of Civil
Procedure section 2061. This statute was repealed in 1965 to avoid giving
undue emphasis to this rule compared to other common-law rules. Refusal to
give an instruction on this point is not error: “It should certainly not be deemed
of vital importance to tell the ordinary man of the world that he should distrust
the statements of a witness whom he believes to be a liar.” (Wallace v. Paciﬁc
Electric Ry. Co. (1930) 105 Cal.App. 664, 671 [288 P. 834].)
• Standard 10.20(a)(2) of the Standards for Judicial Administration provides: “In
all courtroom proceedings, refrain from engaging in conduct and prohibit others
from engaging in conduct that exhibits bias, including but not limited to bias
based on disability, gender, race, religion, ethnicity, and sexual orientation,
whether that bias is directed toward counsel, court personnel, witnesses, parties,
jurors, or any other participants.”
• Canon 3(b)(5) of the Code of Judicial Ethics provides: “A judge shall perform
judicial duties without bias or prejudice. A judge shall not, in the performance
of judicial duties, engage in speech, gestures, or other conduct that would
reasonably be perceived as (1) bias or prejudice, including but not limited to
bias or prejudice based on race, sex, religion, national origin, disability, age,
sexual orientation, or socioeconomic status, or (2) sexual harassment.” Canon
3(b)(6) requires the judge to impose these standards on attorneys also.
7 Witkin, California Procedure (5th ed. 2008) Trial, § 299
Wegner, et al., California Practice Guide: Civil Trials & Evidence, Ch. 10-D,
Objectives Of Cross-Examination, ¶ 10:91 et seq. (The Rutter Group)
Wegner, et al., California Practice Guide: Civil Trials & Evidence, Ch. 8E-F,
CONCLUDING INSTRUCTIONS CACI No. 5003