2.2 Stipulated Testimony

            The parties have agreed what [name of witness]’s testimony would be if called as a witness. You should consider that testimony in the same way as if it had been given here in court.

Comment

            There is a difference between stipulating that a witness would give certain testimony and stipulating that the facts to which a witness might testify are true.  United States v. Lambert, 604 F.2d 594, 595 (8th Cir. 1979) (per curiam); United States v. Hellman, 560 F.2d 1235, 1236 (5th Cir. 1977) (per curiam).  On the latter, see Instruction 2.3(Stipulations of Fact).

Revised Sept. 2019