6.6 What Is Evidence

            The evidence you are to consider in deciding what the facts are consists of:

First, the sworn testimony of any witness; [and]

Second, the exhibits received in evidence[.] [; and]

[Third, any facts to which the parties have agreed.]

Comment

            “When parties have entered into stipulations as to material facts, those facts will be deemed to have been conclusively established.”  United States v. Houston, 547 F.2d 104, 107 (9th Cir. 1976); see also United States v. Mikaelian, 168 F.3d 380, 389 (9th Cir. 1999).

Revised Dec. 2017