CACI No. 5009

When you go to the jury room, the first thing you should do is choose a

presiding juror. The presiding juror should see to it that your discussions

are orderly and that everyone has a fair chance to be heard.

It is your duty to talk with one another in the jury room and to consider

the views of all the jurors. Each of you must decide the case for yourself,

but only after you have considered the evidence with the other members

of the jury. Feel free to change your mind if you are convinced that your

position should be different. Y ou should all try to agree. But do not give

up your honest beliefs just because the others think differently.

Please do not state your opinions too strongly at the beginning of your

deliberations or immediately announce how you plan to vote as it may

interfere with an open discussion. Keep an open mind so that you and

your fellow jurors can easily share ideas about the case.

Y ou should use your common sense and experience in deciding whether

testimony is true and accurate. However, during your deliberations, do

not make any statements or provide any information to other jurors

based on any special training or unique personal experiences that you

may have had related to matters involved in this case. What you may

know or have learned through your training or experience is not a part

of the evidence received in this case.

[Sometimes jurors disagree or have questions about the evidence or

about what the witnesses said in their testimony. If that happens, you

may [ask to have testimony read back to you] [or] [ask to see any

exhibits admitted into evidence that have not already been provided to

you].] [Also, jurors/Jurors] may need further explanation about the laws

that apply to the case. If this happens during your discussions, write

down your questions and give them to the [clerk/bailiff/court attendant].

I will talk with the attorneys before I answer so it may take some time.

Y ou should continue your deliberations while you wait for my answer. I

will do my best to answer them. When you write me a note, do not tell

me how you voted on an issue until I ask for this information in open

court.

Y our decision must be based on your personal evaluation of the evidence

presented in the case. Each of you may be asked in open court how you

voted on each question.

While I know you would not do this, I am required to advise you that

you must not base your decision on chance, such as a flip of a coin. If

you decide to award damages, you may not agree in advance to simply

add up the amounts each juror thinks is right and then, without further

deliberations, make the average your verdict.

Y ou may take breaks, but do not discuss this case with anyone, including

each other, until all of you are back in the jury room.

New September 2003; Revised April 2004, October 2004, February 2007, December

2009, June 2011, June 2013, May 2019, May 2024