3d Cir. Model Jury Instr. (Civil) 1.3

Model 2

Now, a few words about your conduct as jurors. 3

First, I instruct you that during the trial and until you have heard all of the evidence and 4

retired to the jury room to deliberate, you are not to discuss the case with anyone, not even among 5

yourselves. If anyone should try to talk to you about the case, including a fellow juror, bring it to 6

my attention promptly. There are good reasons for this ban on discussions, the most important 7

being the need for you to keep an open mind throughout the presentation of evidence. I know that 8

many of you use cell phones, smart phones [like Blackberries and iPhones], and other portable 9

electronic devices; laptops, netbooks, and other computers both portable and fixed; and other tools 10

of technology, to access the internet and to communicate with others. You also must not talk to 11

anyone about this case or use these tools to communicate electronically with anyone about the case. 12

This includes your family and friends. You may not communicate orally with anyone about the 13

case on your cell phone, smart phone, or portable or fixed computer or device of any kind; or use 14

these devices to communicate electronically by messages or postings of any kind including e-mail, 15

instant messages, text messages, text or instant messaging services [such as X], or through any blog, 16

website, internet chat room, or by way of any other social networking websites or services 17

[including Facebook, Instagram, LinkedIn, and YouTube]. 18

If any lawyer, party, or witness does not speak to you when you pass in the hall, ride the 19

elevator, or the like, remember it is because they are not supposed to talk or visit with you, either. 20

[That is why you are asked to wear your juror tags. It shows that you are someone who is not to be 21

approached in any way.] 22

Second, do not read or listen to anything related to this case that is not admitted into 23

evidence. By that I mean, if there is a newspaper article or radio or television report relating to this 24

case, do not read the article or watch or listen to the report. In addition, do not try to do any 25

independent research or investigation on your own on matters relating to the case or this type of 26

case. Do not do any research on the internet, for example. You are to decide the case upon the 27

evidence presented at trial. In other words, you should not consult dictionaries or reference 28

materials, search the internet, websites, blogs, or use any other electronic tools to obtain information 29

about this case or to help you decide the case. Please do not try to find out information from any 30

source outside the confines of this courtroom. 31

Again, do not reach any conclusion on the claims [or defenses] until all of the evidence is 32

in. Keep an open mind until you start your deliberations at the end of the case. 33

[Finally, if any member of the jury has a friend or family member who is in attendance at 34

this public trial, that visitor must first register with my Clerk because special rules will govern their 35

attendance. You may not discuss any aspect of this trial with the visitor, nor may you permit the 36

visitor to discuss it with you.] 37