Section 12.12 Withdrawal Instructions
| Library | Civil Trial Practice 2015 Supp |
I. (§12.12) Withdrawal Instructions
Withdrawal instructions are used to remove from the jury’s consideration false issues, improperly admitted evidence, or evidence of an abandoned issue. MAI 34.02 [1978 Revision] provides the form for most cases. MAI 34.03 [1969 New] and MAI 34.04 [1978 New] are intended for eminent domain and FELA cases, respectively.
The giving of a withdrawal instruction is not a matter of right; it is discretionary with the trial court. The description of the issue or evidence being...
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