3d Cir. Model Jury Instr. (Criminal) 1.04

During the trial it may be necessary for me to talk with the lawyers out of

your hearing. That is called a bench or side -bar conference. If that happens,

please be patient. We also ask that you advise me, through my courtroom

deputy, if you are able to hear any of the bench or side-bar conferences, because

the purpose is to hold these discussions outside the hearing of the jury, for

important reasons.

I know you may be curious about what we are discussing. We are not

trying to keep important information from you. These conferences are necessary

for me to discuss with the lawyers’ objections to evidence and to be sure that

evidence is presented to you correctly under the rules of evidence. We will, of

course, do what we can to keep the number and length of these conferences to a

minimum. If I think the conference will be long, I will call a recess.

I may not always grant a lawyer's request for a conference. Do not

consider my granting or denying a request for a conference as suggesting my

opinion of the case or of what your verdict should be.