N.C.P.I.—Civil 100.20

Members of the jury, we will now take a (state length) recess. During

this recess [and any other recess that we have while this trial is in

progress], I instruct you that it is your duty to carefully observe the cautions

I am now going to give you.

During the course of the trial, you should not talk with each other

about the case. You may only talk with each other about the case at the end

of the trial when you go to the jury room to consider your verdict. It may be

difficult for you to understand why you may not discuss this case among

yourselves until it is finally submitted to you. It would be unfair to discuss

the case among yourselves before you receive everything necessary to reach

an informed decision. Until you are instructed to begin deliberations on your

verdict, you should not form or express any opinion about the case.

You should not talk or have contact of any kind with any of the parties,

attorneys, or witnesses. You should not talk to anyone else or allow anyone

else to talk with you or in your presence about the case. If anyone attempts

to communicate with you about the case, you must notify the bailiff

immediately. If that person persists, simply walk away, and notify the bailiff.

In this age of instant electronic communication and research, I want to

emphasize that in addition to not speaking face-to-face with anyone about

the case, you should not engage in any form of electronic communication

about the trial, including but not limited to: Twitter, blogging, Facebook, text

messaging, instant messaging, computer gaming, and any other such means

of electronic communication. Any such discussion could lead to a mistrial and

would severely compromise the parties’ right to a fair trial.

You should explain this rule prohibiting discussion of the case to your

family and friends. (When the trial is over) (When your jury duty is

completed), you will be released from this instruction. At that time, you

may, but are not required to, discuss the case and your experiences as a

juror.

You should avoid watching, reading, or listening to any accounts of the

trial that might come from any news media. That is, you should not read,

listen, or watch anything about it that might be in the newspaper, or on the

Internet, radio, or television. Media reports may be incomplete or

inaccurate. You may only consider and decide this case upon the evidence

received at the trial. If you acquire any information from an outside source,

you must not report it to other jurors and you must disregard it in your

deliberations. In addition, you should report the outside source of

information to the bailiff or to the court at the first opportunity.

While the trial is going on, you must not go to (state place where case

arose) or make any independent inquiry or investigation about this matter,

including, but not limited to, any Internet or other kind of research. You are

prohibited from performing your own experiments as well. This case involves

the scene and events as it existed at the time, not as it exists today. Viewing

the scene, pictures, or other materials without the benefit of explanation in

court is unfair to the parties who need you to decide this case solely upon

the evidence that is admitted in this case.

If you base your verdict on anything other than what you learn in this

courtroom, that could be grounds for a mistrial—which means that all of the

work that you and your fellow jurors put into this trial will be wasted, and

the lawyers, the parties, and a judge will have to do this all over again. If

you communicate with others in violation of my orders, you could be held in

contempt of court. That’s why this is so important. After you have rendered

your verdict, or have been otherwise discharged by me, you will be free to

do any research you choose, or to share your experiences either directly or

through your favorite electronic means.

You must keep all cell phones turned off when you are in the

courtroom or the jury room. While the trial is in progress, you may only talk

on a cell phone during a recess outside of the jury room.

If, during the trial, issues arise that would affect your ability to pay

attention and sit as a fair and impartial juror, you may explain the matter to

the bailiff who will inform me. At any time if you cannot hear a witness, an

attorney, or me, please make that fact known immediately by raising your

hand.