216. Exercise of Right Not to Incriminate Oneself (Evid. Code, § 913) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of party/witness] has an absolute constitutional right not to give testimony that might tend to incriminate [himself/herself]. Do not consider, for any reason at all, the fact that [name of party/witness] invoked the right not to testify. Do not discuss that fact during your deliberations or let if influence your decision in any way. ___________________________________________________________________________ New September 2003; Revised December 2012