Judicial Comments on the Evidence Generally judges in the United States do not summarize the evidence for the jury or comment on it. While they theoretically have this power and commenting on the evidence was at one time an accepted custom, the practice has fallen into disuse today as judges are more concerned lest they improperly influence the jury." The only vestige of the judicial summary and comment that remains is that the judge will read to the jury at the parties' request a brief "theory of the case" instruction written by the parties that outlines each side's principal contentions in summary form.