N.C.P.I.—Crim. 100.31

NOTE WELL: These instructions should be given before

the first recess. For all subsequent recesses, use

N.C.P.I.-Crim. 100.33.

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.