comment on the evidence
comment on the evidence. A statement made to the jury by the judge or by counsel on the probative value of certain evidence. Fed. R. Evid. 105. • Lawyers typically make such comments in closing argument, and judges may make such comments in federal court. But most state-court judges are not permitted to do so when examining a witness, instructing the jury, and the like (in which case the comment is sometimes termed an impermissible comment on the evidence). [Cases: Criminal Law 720; Federal Civil Procedure 1973; Trial 121. C.J.S. Criminal Law § 1263; Trial §§ 305–307.]
