- comment on evidence
n. Statements made during a trial by a judge or lawyer regarding his or her own opinion about the evidence and the credibility of the witnesses. In many states, judges are not permitted to make such statements. Furthermore, a prosecutor may not comment on the defendant's refusal to testify in a criminal action. When made, such prohibited statements are sometimes called an impermissible comment on the evidence.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.