IN THE UNITED STATES DISTRICT COURT

_______ DISTRICT OF _______ 

    _________________, )
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		Plaintiff,		) 
					) 
	 	v.			) 
					) 
					)		 No. __________
					) 
	_______________ ,)
	 				) 
		Defendant	) 
					) 
      _________________)

JURY INSTRUCTIONS

DATED: ___________

________________________________________________

UNITED STATES [DISTRICT] [MAGISTRATE] JUDGE

            Members of the jury: You are now the jury in this case. It is my duty to instruct you on the law. 

            These instructions are preliminary instructions to help you understand the principles that apply to civil trials and to help you understand the evidence as you listen to it. You will be allowed to keep this set of instructions to refer to throughout the trial. These instructions are not to be taken home and must remain in the jury room when you leave in the evenings. At the end of the trial, these instructions will be collected and I will give you a final set of instructions. It is the final set of instructions that will govern your deliberations. 

            It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so. 

            Please do not read into these instructions or anything I may say or do that I have an opinion regarding the evidence or what your verdict should be.  

Comment

            This Instruction may be used as a preliminary instruction if the court decides to provide a written set of preliminary instructions at the beginning of the trial that the jurors are permitted to keep with them. In the final set of instructions, the court should substitute Instruction 1.3.

            Members of the jury: You are now the jury in this case. It is my duty to instruct you on the law.

            It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

            At the end of the trial I will give you final instructions. It is the final instructions that will govern your duties.

            Please do not read into these instructions, or anything I may say or do, that I have an opinion regarding the evidence or what your verdict should be. 

Comment

            This Instruction may be used as an oral instruction if the court elects to read its preliminary instructions to the jury but not to provide the jury with a copy of the instructions.

            Members of the Jury: Now that you have heard all of the evidence [and the arguments of the attorneys], it is my duty to instruct you on the law that applies to this case.

            [Each of you has received a copy of these instructions that you may take with you to the jury room to consult during your deliberations.]

or

            [A copy of these instructions will be sent to the jury room for you to consult during your deliberations.]

            It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

            Please do not read into these instructions or anything that I may say or do or have said or done that I have an opinion regarding the evidence or what your verdict should be. 

Comment

            This Instruction should be used with the written final set of the instructions to be sent to the jury. Bracketed material should be selected to cover whether single or multiple sets of written instructions are provided.

            To help you follow the evidence, I will give you a brief summary of the positions of the parties:

            The plaintiff asserts that [plaintiff’s claims]. The plaintiff has the burden of proving these claims.

            The defendant denies those claims [and also contends that [defendant’s counterclaims and/or affirmative defenses]]. [The defendant has the burden of proof on these [counterclaims and/or affirmative defenses.]]

            [The plaintiff denies [defendant’s counterclaims and/or affirmative defenses].]　

            When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

            You should base your decision on all of the evidence, regardless of which party presented it.　

            When a party has the burden of proving any claim or defense by clear and convincing evidence, it means that the party must present evidence that leaves you with a firm belief or conviction that it is highly probable that the factual contentions of the claim or defense are true. This is a higher standard of proof than proof by a preponderance of the evidence, but it does not require proof beyond a reasonable doubt.  

Comment 

            See Colorado v. New Mexico, 467 U.S. 310, 316 (1984) (defining clear and convincing evidence). See also Sophanthavong v. Palmateer, 378 F.3d 859, 866 (9th Cir.2004) (citing Colorado).

            You should decide the case as to each [plaintiff] [defendant] [party] separately. Unless otherwise stated, the instructions apply to all parties.

           The evidence you are to consider in deciding what the facts are consists of: 

                        1.         the sworn testimony of any witness; 

                        2.         the exhibits that are admitted into evidence; 

                        3.         any facts to which the lawyers have agreed; and 

                        4.         any facts that I [may instruct] [have instructed] you to accept as proved.

            In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are.  I will list them for you: 

(1)       Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they [may say] [have said] in their opening statements, closing arguments and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of them controls. 

(2)       Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the objection or by the court’s ruling on it. 

(3)       Testimony that is excluded or stricken, or that you [are] [have been] instructed to disregard, is not evidence and must not be considered.  In addition, some evidence [may be] [was] received only for a limited purpose; when I [instruct] [have instructed] you to consider certain evidence only for a limited purpose, you must do so, and you may not consider that evidence for any other purpose. 

(4)       Anything you may [see or hear] [have seen or heard] when the court was not in session is not evidence. You are to decide the case solely on the evidence received at the trial. 

Comment 

            With regard to the bracketed material in paragraph 3, select the appropriate bracket depending on whether the instruction is given at the beginning or at the end of the case.  See also Instruction 1.11 (Evidence for Limited Purpose).

            Some evidence may be admitted only for a limited purpose.

            When I instruct you that an item of evidence has been admitted only for a limited purpose, you must consider it only for that limited purpose and not for any other purpose.

            [The testimony [you are about to hear] [you have just heard] may be considered only for the limited purpose of [describe purpose] and not for any other purpose.] 

Comment

            Asarule,limitinginstructionsneedonlybegivenwhenrequestedandneednotbegiven sua sponte by the court. United States v. Palmer, 691 F.2d 921, 923 (9th Cir. 1982) (citing United States v. McLennan, 563 F.2d 943, 947-48 (9th Cir. 1977)). 

            See United States v. Marsh, 144 F.3d 1229, 1238 (9th Cir.1998) (when trial court fails to instruct jury in its final instructions regarding receipt of evidence for limited purpose, Ninth Circuit examines trial court’s preliminary instructions to determine if court instructed jury on this issue).

            See also Instructions 1.10 (What is Not Evidence) and 2.9 (Impeachment Evidence—Witness).

Revised March 2025

            Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts from which you could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence. 

Comment

            It may be helpful to include an illustrative example in the instruction:

            By way of example, if you wake up in the morning and see that the sidewalk is wet, you may find from that fact that it rained during the night. However, other evidence, such as a turned on garden hose, may provide a different explanation for the presence of water on the sidewalk. Therefore, before you decide that a fact has been proved by circumstantial evidence, you must consider all the evidence in the light of reason, experience and common sense.　　

            There are rules of evidence that control what can be received into evidence. When a lawyer asks a question or offers an exhibit into evidence and a lawyer on the other side thinks that it is not permitted by the rules of evidence, that lawyer may object. If I overrule the objection, the question may be answered or the exhibit received. If I sustain the objection, the question cannot be answered, and the exhibit cannot be received. Whenever I sustain an objection to a question, you must ignore the question and must not guess what the answer might have been.

            Sometimes I may order that evidence be stricken from the record and that you disregard or ignore that evidence. That means when you are deciding the case, you must not consider the stricken evidence for any purpose.

            In deciding the facts in this case, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness says, or part of it, or none of it.  

            In considering the testimony of any witness, you may take into account: 

(1)       the opportunity and ability of the witness to see or hear or know the things testified to; 

(2)       the witness’s memory; 

(3)       the witness’s manner while testifying; 

(4)       the witness’s interest in the outcome of the case, if any; 

(5)       the witness’s bias or prejudice, if any; 

(6)       whether other evidence contradicted the witness’s testimony; 

(7)       the reasonableness of the witness’s testimony in light of all the evidence; and 

(8)       any other factors that bear on believability. 

            Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened.  People often forget things or make mistakes in what they remember.  Also, two people may see the same event but remember it differently.  You may consider these differences, but do not decide that testimony is untrue just because it differs from other testimony. 

            However, if you decide that a witness has deliberately testified untruthfully about something important, you may choose not to believe anything that witness said.  On the other hand, if you think the witness testified untruthfully about some things but told the truth about others, you may accept the part you think is true and ignore the rest. 

            The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify.  What is important is how believable the witnesses were, and how much weight you think their testimony deserves.

Comment 

            The Committee recommends that the jurors be given some guidelines for determining credibility at the beginning of the trial so that they will know what to look for when witnesses are testifying.

            I will now say a few words about your conduct as jurors.

            First, keep an open mind throughout the trial, and do not decide what the verdict should be until you and your fellow jurors have completed your deliberations at the end of the case.

            Second, because you must decide this case based only on the evidence received in the case and on my instructions as to the law that applies, you must not be exposed to any other information about the case or to the issues it involves during the course of your jury duty. Thus, until the end of the case or unless I tell you otherwise: 

Do not communicate with anyone in any way and do not let anyone else communicate with you in any way about the merits of the case or anything to do withit. This includes discussing the case in person, in writing, by phone, tablet, or computer, or any other electronic means, via email, text messaging, or any internet chat room, blog, website or application, including but not limited to Facebook, YouTube, the platform “X” formerly known as Twitter, Instagram, LinkedIn, Snapchat, TikTok, or any other forms of social media.This applies to communicating with your fellow jurors until I give you the case for deliberation, and it applies to communicating with everyone else including your family members, your employer, the media or press, and the people involved in the trial, although you may notify your family and your employer that you have been seated as a juror in the case, and how long you expect the trial to last. But, if you are asked or approached in any way about your jury service or anything about this case, you must respond that you have been ordered not to discuss the matter and report the contact to the court.

Because you will receive all the evidence and legal instruction you properly may consider to return a verdict:  do not read, watch or listen to any news or media accounts or commentary about the case or anything to do with it[,although I have no information that there will be news reports about this case]; do not do any research, such as consulting dictionaries, searching the Internet, or using other reference materials; and do not make any investigation or in any other way try to learn about the case on your own.  Do not visit or view any place discussed in this case, and do not use the Internet or any other resource to search for or view any place discussed during the trial.  Also, do not do any research about this case, the law, or the people involved—including the parties, the witnesses or the lawyers—until you have been excused as jurors. If you happen to read or hear anything touching on this case in the media, turn away and report it to me as soon as possible.

            These rules protect each party’s right to have this case decided only on evidence that has been presented here in court. Witnesses here in court take an oath to tell the truth, and the accuracy of their testimony is tested through the trial process. If you do any research or investigation outside the courtroom, or gain any information through improper communications, then your verdict may be influenced by inaccurate, incomplete or misleading information that has not been tested by the trial process. Each of the parties is entitled to a fair trial by an impartial jury, and if you decide the case based on information not presented in court, you will have denied the parties a fair trial. Remember, you have taken an oath to follow the rules, and it is very important that you follow these rules.

            A juror who violates these restrictions jeopardizes the fairness of these proceedings [, and a mistrial could result, requiring the entire trial process to start over]. If any juror is exposed to any outside information, please notify the court immediately, by sending a note through the [clerk] [bailiff] signed by any one or more of you. 

Comment 

            This instruction has been updated specifically to instruct jurors against accessing electronic sources of information and communicating electronically about the case, as well as to inform jurors of the potential consequences if a juror violates this instruction. An abbreviated instruction should be repeated before the first recess, and as needed before other recesses.

            The practice in federal court of repeatedly instructing jurors not to discuss the case until deliberations is widespread.  See, e.g., United States v. Pino-Noriega, 189F.3d1089,1096(9th Cir. 1999) (“most judges continually admonish their juries during trials not to discuss the evidence or begin deliberating until told to do so”).

            State court practice in some jurisdictions does allow discussion of the case by jurors prior to the beginning of deliberations.  The Ninth Circuit has not addressed this practice. 

Revised March 2025

            If there is any news media account or commentary about the case or anything to do with it, you must ignore it. You must not read, watch or listen to any news media account or commentary about the case or anything to do with it. The case must be decided by you solely and exclusively on the evidence that will be received in the case and on my instructions as to the law that applies. If any juror is exposed to any outside information, please notify me immediately.  

Comment

            This instruction may be useful in cases involving significant media coverage and may be given more than once at appropriate times during the trial. See United States v. Waters, 627 F.3d 345, 364 (9th Cir.2010) (reversing criminal conviction due to court’s insufficient questioning of jury regarding negative publicity during jury deliberations); see also Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures,§ 2.2 (2013).

            I urge you to pay close attention to the trial testimony as it is given. During deliberations you will not have a transcript of the trial testimony. 

Comment

            The court may wish to modify this instruction for use at the end of the trial.

            If you wish, you may take notes to help you remember the evidence. If you do take notes, please keep them to yourself until you go to the jury room to decide the case. Do not let notetaking distract you. When you leave, your notes should be left in the [courtroom] [jury room] [envelope in the jury room]. No one will read your notes.

            Whether or not you take notes, you should rely on your own memory of the evidence. Notes are only to assist your memory. You should not be overly influenced by your notes or those of other jurors. 

Comment

            It is well settled in this circuit that the trial judge has discretion to allow jurors to take notes. United States v. Baker, 10 F.3d 1374, 1403 (9th Cir.1993). See also Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures, § 3.4 (2013).

Option 1

            Only the lawyers and I are allowed to ask questions of witnesses. A juror is not permitted to ask questions of witnesses. [Specific reasons for not allowing jurors to ask questions may be explained.] If, however, you are unable to hear a witness or a lawyer, please raise your hand and I will correct the situation.

Option 2

            When attorneys have finished their examination of a witness, you may ask questions of the witness. [Describe procedure to be used.] If the rules of evidence do not permit a particular question, I will advise you. After your questions, if any, the attorneys may ask additional questions.

Comment

            There may be occasions when a juror desires to ask a question of a witness, and the court has discretion in permitting or refusing to permit jurors to do so. See United States v. Huebner, 48 F.3d 376, 382 (9th Cir. 1994) ("Huebner does not point out prejudice resulting from any of the few questions [jurors] asked. There was no error or abuse of discretion"); United States v. Gonzales, 424 F.2d 1055, 1056 (9th Cir. 1970) (holding there was no error by trial judge in allowing juror to submit question to court); Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures §　3.5 (2013) (providing practical suggestions).

            Option 1 is for judges who want to disallow jury questions explicitly. Option 2 is for judges who want to tell jurors explicitly that they may submit questions to be asked of witnesses.　

Revised Oct. 2019

            From time to time during the trial, it [may become] [became] necessary for me to talk with the attorneys out of the hearing of the jury, either by having a conference at the bench when the jury [is] [was] present in the courtroom, or by calling a recess. Please understand that while you [are] [were] waiting, we [are] [were] working. The purpose of these conferences is not to keep relevant information from you, but to decide how certain evidence is to be treated under the rules of evidence and to avoid confusion and error.

            Of course, we [will do] [have done] what we [can] [could] to keep the number and length of these conferences to a minimum. I [may] [did] not always grant an attorney’s request for a conference. Do not consider my granting or denying a request for a conference as any indication of my opinion of the case or of what your verdict should be.　

            Trials proceed in the following way: First, each side may make an opening statement. An opening statement is not evidence. It is simply an outline to help you understand what that party expects the evidence will show. A party is not required to make an opening statement.

            The plaintiff will then present evidence, and counsel for the defendant may cross-examine. Then the defendant may present evidence, and counsel for the plaintiff may cross-examine.

            After the evidence has been presented, I will instruct you on the law that applies to the case and the attorneys will make closing arguments.

            After that, you will go to the jury room to deliberate on your verdict.

             [Name of party] is representing [himself] [herself] in this trial. This fact must not affect your consideration of the case. Self-represented parties and parties represented by an attorney are entitled to the same fair consideration.

            Because [name of party] is acting as [his] [her] own lawyer, you will hear [him] [her] speak at various times during the trial. [He] [She] may make an opening statement and closing argument and may ask questions of witnesses, make objections, and argue legal issues to the court. I want to remind you that when [name of party] speaks in these parts of the trial, [he] [she] is acting as [his] [her] own advocate, and [his] [her] words are not evidence. The only evidence in this case comes from witnesses who testify under oath on the witness stand or by deposition and from exhibits that are admitted into evidence. When a self-represented party testifies, you should treat this testimony just as you would the testimony of any other witness.　

Added Dec. 2019