OUJI-CIV No. 1.4

JURY'S DUTIES — CAUTIONARY INSTRUCTIONS — TO BE GIVEN AFTER JURY IS

SWORN

Members of the Jury: I will now explain to you your duties as jurors. It is vital to the

administration of justice that you fully understand and faithfully perform these duties.

It is my duty to determine all of the law applicable to this case and to inform you of that

law by these instructions and by the instructions that I will give you afte r all evidence has been

received. It is your duty to accept and follow all of these instruc tions as a whole, not accepti ng

one or more of these instructions and disregarding the others.

It is your duty to determine the facts of this case from the evidence produced in open

court. You should consider only the evidence introduced while the court i s in session. It is then

your duty to apply the law, as determined by the court, to the facts as determined by you, and

thus render a verdict. You should not allow s ympathy or prejudice to influence your decision.

Your decision should be based upon probabilities, and not possibilities. It may not be based upon

speculation or guesswork.

The evidence which you are to consider consists of the testimony of the witnesses; the

exhibits, if any, admitted into evidence; any facts admitted or agreed to by the attor neys; and any

facts which I i nstruct you to accept as true. The term "witness" means anyone who testifies in

person, by video, or by deposition, including the parties.

OUJI 3d (Rev. 2008) Chapter 1

In addition, you are permitted to draw such reasonable inferences from the testimony and

exhibits as you feel are ju stified. You may make deductions and reach conclusions which reason

and common sense lead you to draw from the facts which you find to have been established by

the testimony and evidence in the case.

The production of evidence in court is governed by rules of law. From time to time it may

be the duty of the a ttorneys to object to the production of evidence and my duty to rule on these

objections. If I say the objection is overruled, you may consider the testimony or exhibit cov ered

by the objection. If I s ay the objection is sustained, you must not consider the testimony or

exhibit covered by the objection. and you should not speculate on what the testimony or exhibit

might have been. The attorney's objections, and my rulings upon these objections, together with

the reasons for these objections and rulings are not evidence and should not be considered by

you.

The statements, remarks and ar guments of the attorneys are intended to help you in

understanding the evidence and applying the law, but are not evidence. If any statement, remark

or argument of an attorney has no basis in the evidence, then you should disregard it.

You are the sole ju dges of the believability of each witness and the value to be given the

testimony of each. You should take into consider ation the witness's means of knowledge,

strength of memory and opportunities of observation. Also consider the reasonableness,

consistency or inconsistency of the testimony. You should also consider the bias, prejudice or

interest, if any, the witness may have in the outcome of the trial, the conduct of the wi tness upon

the witness stand and all other facts and circumstances that affect the believability of the witness.

My rulings and remarks made during the course of this tria l are not intended to indicat e

my opinion as to the facts. During all recesses and a djournments, while this case is in progress,

you must not discuss this case, or anything about this case, with anyone, and you must not allow

OUJI 3d (Rev. 2008) Chapter 1

anyone to discuss it with you. This rule applies not only t o court employees, the attorneys,

parties, or witnesses involved in this case, and others you may meet in the courthouse, but also to

your husband and wife, other members of your family, your friends and anyone else you may

meet. If during the trial anyone talks to you or tries to talk to you about this case, you must

immediately report it to me, or the [(clerk of the court)/bailiff], who will report to me.

Do not, before this case is finally submitted to you for a decision, ta lk to your fellow

jurors about this case, or form or express any opinion about it.

Do not read newspaper reports or obtain information from the internet or any other source

about this trial or the issues, parties or witnesses involved in this case, and do not watch or listen

to television or radio reports about it. Do not attempt to visi t the scene or investigate this case on

your own.

During this trial, do not text , post, tweet, blog or otherwise broadcast anything about this

case or your service on this jury This will help you avoi d others pressuring you to discuss this

trial If you be lieve that another juror is violating this instruction, please notify me by

immediately giving a note to the bailiff

The reasons for these rules are that it is essential t hat you should keep your mind s free

and open at all times throughout this trial and that you should not be influenced by anything

except the evidence you hear and see in the courtroom.

From now on, at the beginning of each recess or adjournment, I will re fer to these

instructions as "my instructions" or "my usual instructions," but wheth er or not this is done, you

will carefully observe these rules at all times.