CJI-Civ. 40:2

I will now explain the procedure that is usually followed during a trial. Before the

trial begins, I will orally give you some preliminary instructions to provide you with a

framework for the evidence that will be presented. (You will also receive copies of these

preliminary instructions.)

The attorneys will then have the opportunity to present opening statements. The

purpose of opening statements is to give you an outline of each party’s claims and defenses.

You must remember, however, that what is said in opening statements and all other

statements made by the attorneys are not evidence. Your verdict must be based upon the

evidence in this case and the instructions regarding the law that governs this case. The

evidence usually consists of the sworn testimony of witnesses, the exhibits which are

received and any facts which are admitted or agreed to or are judicially noticed.

(Also, during the course of this trial, [the court] [the attorneys] will [make] [read]

brief statements summarizing the evidence already presented [and outlining how this

evidence relates to evidence that will be presented later in the trial]. These statements are

not evidence and are only made for the purpose of assisting you in understanding this

case.)

Once the trial begins, the People will present evidence. The Juvenile’s attorney is

permitted to cross-examine all witnesses presented by the People. Upon the conclusion of

the People’s case, the Juvenile’s attorney may offer evidence on behalf of the Juvenile, but

is not required to do so. The burden is always on the People, represented by the district

attorney, to prove beyond a reasonable doubt every element of the delinquent act(s) that

(is) (are) charged. The law never imposes on the Juvenile the burden of calling any

witnesses or presenting any evidence. If the Juvenile presents witnesses (in response to the

People’s evidence or to establish any defense), the People may cross-examine them. The

Prosecution may choose to present further evidence in response to any evidence presented

by the Juvenile.

After all the evidence has been received, (I) (the Court) will give you final

instructions on the law applicable to this particular case. These final instructions will

replace the preliminary instructions that you will be given before the trial begins. Based

upon the evidence presented, the final instructions may differ from the preliminary

instructions. If there is any difference between the preliminary and final instructions, you

must follow and be governed by the final instructions in deciding the case.

After you have received all the instructions on the law governing this case, each

attorney may present a final argument to you. The People will first present a closing

argument. Thereafter, the Juvenile’s attorney will make a closing argument. The People

may respond to any statements made by the Juvenile’s attorney. After arguments are

concluded, the case is given to you for decision.

It is the right of an attorney to object when testimony or other evidence is offered

that the attorney believes is not admissible.

When (I) (the Court) sustain(s) an objection to a question, the jurors must disregard

the question and must draw no conclusion from the question nor guess what the witness

would have said. If any answer has been given, the jurors must disregard it.

When (I) (the Court) sustain(s) an objection to any evidence or strikes any evidence,

the jurors must disregard that evidence.

When (I) (the Court) overrule(s) an objection to any evidence, the jurors must not

give that evidence any more weight than if the objection had not been made. You should

not be prejudiced against any party because that party’s attorney makes an objection.

Legal arguments are occasionally required to be considered outside the presence of

the jury. This may cause delay. All rulings (I) (the Court) (am) (is) required to make will be

based solely on the law. You must not infer from any ruling or from anything (I) (the

Court) say(s) during trial that (I) (the Court) hold(s) any views either for or against any

party to this case.

During recesses and adjournments of court, you will be free to separate, to eat

lunch, and to go home at the end of the day. During these times, you are not to discuss this

case with one another or anyone else. Furthermore, you must not talk with any of the

parties to this case, their attorneys, witnesses, or representatives of the media until after

you have reached your verdict and have been discharged by the Court as jurors in this

case.

We have a Bailiff, (name), and (insert applicable pronoun) is here to take care of your

needs during the course of this trial. Do not discuss this case with the Bailiff. If you have

any personal problems or needs, take it up with (name of Bailiff) and (insert applicable

pronoun) will notify me.