5.02. Failure of Party to Testify

5.02 Failure of Party to Testify The [plaintiff] [defendant] in this case is [suing] [sued] as [administrator] [executor] [guardian] for a [deceased person] [incompetent person]. Since the deceased cannot be here to testify [since the incompetent person is incapable of testifying], the law does not permit the [defendant] [plaintiff] [or any person directly interested in this action] to testify in his own behalf [to any conversation with the] [deceased] [incompetent person] [or] [to any event which took place in the presence of the] [deceased] [incompetent person]. The fact that the [defendant] [plaintiff] did not testify to those matters should not be considered by you for or against him [In this case, however, the [plaintiff] [defendant] called [a witness] [the defendant] [the plaintiff] to testify on his behalf [to conversations with the] [deceased] [incompetent person] [or] [to an event which took place in the presence of the] [deceased] [incompetent person], and therefore the [plaintiff] [defendant] [interested person] had the right to testify as to the same [conversation] [event].] [In this case, however, since the deposition of the [deceased] [incompetent person] was admitted in evidence on behalf of the [plaintiff] [defendant], the [plaintiff] [defendant] [interested person] had the right to testify as to the same matters admitted in evidence.] [In this case, however, the law does not prevent the testimony concerning any fact relating to the heirship of the decedent.]