(A TRIAL JUDGE, IN (HIS/HER) DISCRETION, MAY GIVE THIS CHARGE IN ANY
SITUATION IN WHICH (HE/SHE) REASONABLY BELIEVES A JURY MAY FIND A
BASIS FOR ITS APPLICATION - SEE STATE V. ERNST, 32 N.J. 567 (1960)).
If you believe that any witness or party willfully or knowingly testified falsely to any
material facts in the case, with intent to deceive you, you may give such weight to his or her
testimony as you may deem it is entitled. You may believe some of it, or you may, in your
discretion, disregard all of it.
State v. Ernst, 32 N.J. 567, 583 (1960)
State v. D'Illopito, 22 N.J. 318, 324 (1956)
State v. Sturchio, 127 N.J.L. 366, 369 (Sup. Ct. 1941)
State v. Samuels, 92 N.J.L. 131, 133 (Sup. Ct. 1918)
The same charge applies to the civil side.
Lawnton v. Virginia Stevedoring Co., 50 N.J. Super. 564, 581 (App. Div. 1958)
Hargrave v. Stockloss, 127 N.J.L. 262, 266 (E.&A. 1941)
Coleman v. Public Service Coordinated Transport, 120 N.J.L. 384, 387 (Sup. Ct.
1938)
For a full discussion of the use and application of the maxim, see,
Vol. 3A Wigmore on Evidence (1970) Sec. 1008 et. seq.
