CIVJIG 10.15 Preliminary Instructions- Before Trial

Preliminary

Members of the jury:

You have now been sworn in.

Here are some basic rules about your job as a juror.

Your job will be to find what the facts are in this case by considering the evidence.

As judge I will apply the rules and tell you what you can and cannot consider as evidence.

What is evidence

1. Evidence is what witnesses say on the stand. This is called "testimony".
2. Evidence can be items like photographs and documents. These items are called exhibits.
3. There are also facts you must accept:
   1. Evidence can be facts that the attorneys agree on. This agreement is called a stipulation.
   2. There may also be facts that I tell you to accept.

What is not evidence

The following are not evidence:

1. Nothing the attorneys say during the trial, including opening statements and closing arguments, is evidence.
2. The attorneys' questions are not evidence. The witnesses' answers are.
3. Objections are not evidence. Attorneys may object if they think a question or answer is against the rules:
   1. I will sustain the objection if I think it is against the rules, and you should ignore this question or answer.
   2. If I overrule the objection, the question or answer is evidence like the rest of the witness's testimony.
4. You cannot consider anything you hear or learn about this case outside this courtroom.

   You must follow the instructions on what you can consider as evidence.
   

Taking notes

You may take notes during the trial. You do not have to.

Do not let your note taking distract you.

Your notes must stay in the courtroom during the trial.You may take them into the jury room during deliberations.

Use your notes as an aid to your memory. Fit them in with your total recollection of the facts.

A written note does not necessarily make a piece of evidence more important, whether you or another juror wrote it down.

Deciding the facts

Wait until you have heard all the evidence before you make up your mind.

Your best guide is your own good judgment, experience and common sense.

In addition ask yourself:

1. Is a witness being truthful?
2. Will a witness gain or lose if this case is decided a certain way?
3. How did a witness come by the facts? How well did he or she remember the facts?
4. Does he or she seem honest and sincere?
5. Is the witness's testimony reasonable compared with other evidence?

Duty of the jury

You must decide the facts.

You and only you can decide the facts. Do not take anything I say or do as a sign of what the verdict should be.

Once the facts are decided, you must follow the law.

You must follow the law even if you don't agree with it.

How to act as a jury member

Now a few words about your conduct as jurors:

Do not let outsiders influence you.

Do not discuss this case with other jury members during the trial.

You will have plenty of time to do this at the end of the trial, once you have all the evidence.

If anyone tries to discuss this case with you outside the courtroom, report this to me.

Do not read or listen to news reports about the case.

Do not do your own investigation.

Keep an open mind until you have heard or seen all of the evidence.

Remember you cannot consider anything you hear or learn about this case outside this courtroom.