CJI-Civ. 41:2

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 govern this case. The

evidence usually consists of the sworn testimony of witnesses, the exhibits that are received

and any facts that 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 petitioner’s attorney will present evidence. The

respondent’s attorney and the guardian ad litem are permitted to cross-examine all

witnesses presented by the petitioner. Upon the conclusion of petitioner’s case, the

guardian ad litem or respondent’s attorney may offer evidence but are not required to do

so. If the respondent or guardian ad litem presents witnesses, the other parties may cross-examine them. The petitioner’s attorney may choose to present further evidence in

response to any evidence presented by any of the other participants.

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

instructions on the law that apply 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 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. Petitioner’s attorney will first present (insert

applicable pronoun) closing argument. Thereafter, the respondent’s attorney and the

guardian ad litem will make their closing arguments. Petitioner’s attorney may respond to

any statements made by the other attorneys. 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 strike(s) 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.

You may discuss the evidence during the trial, but only among yourselves and only

in the jury room when all of you are present.

You must not, individually or as a group, form final opinions about any fact or

about the outcome of this case until after you have heard and considered all of the

evidence, the closing arguments, and the rest of the instructions I will give you on the law.

Keep an open mind during the trial. Form your final opinions only after you have

discussed this case as a group in the jury room at the end of the trial.

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.