5th Cir. Pattern Jury Instr. (Civil) 1.2

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communicate to anyone any information about this case

until I accept your verdict or excuse you as a juror.

Do not even discuss the case with the other jurors

until the end of the case when you retire to deliberate.

It is unfair to discuss the case before all of the evidence

is in, because you may become an advocate for one side

or the other. The parties, the witnesses, the attorneys,

and persons associated with the case are not allowed to

communicate with you. And you may not speak with

anyone else in or around the courthouse other than

your fellow jurors or court personnel.

Do not make any independent investigation of this

case. You must rely solely on what you see and hear in

this courtroom. Do not try to learn anything about the

case from any other source. In particular, you may not

use any electronic device or media, such as a telephone,

cell phone, smartphone, or computer to research any issue touching on this case. Do not go online or read any

newspaper account of this trial or listen to any radio or

television newscast about it. Do not visit or view any

place discussed in this case and do not use Internet

programs or other devices to search for or to view any

place discussed in the testimony. In sum, you may not

research any information about this case, the law, or

the people involved, including the parties, the witnesses, the lawyers, or the judge, until after you have

been excused as jurors.

There are some issues of law or procedure that I

must decide that the attorneys and I must discuss.

These issues are not part of what you must decide and

they are not properly discussed in your presence. To

avoid having you leave the courtroom and to save time,

I may discuss these issues with the attorneys at the

bench, out of your hearing. When I confer with the attorneys at the bench, please do not listen to what we

are discussing. If the discussions require more time, I

1.2PRELIMINARY INSTRUCTIONS

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may have you leave the courtroom until the lawyers

and I resolve the issues. I will try to keep these interruptions as few and as brief as possible.

The trial will now begin. Lawyers for each side will

make an opening statement. Opening statements are

intended to assist you in understanding the significance

of the evidence that will be presented. The opening

statements are not evidence.

After the opening statements, the plaintiff will present [his/her/its] case through witness testimony and

documentary or other evidence. Next, the defendant

will have an opportunity to present [his/her/its] case.

The plaintiff may then present rebuttal evidence. After

all the evidence is introduced, [I will instruct you on

the law that applies to this case. The lawyers will then

make closing arguments.][I will instruct you on the law

that applies to this case. The lawyers will then make

closing arguments.]

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Closing arguments are not evidence, but rather the attorneys’ interpretations

of what the evidence has shown or not shown.

Finally, you will go into the jury room to deliberate to reach a verdict.

Keep an open mind during the entire trial. Do

not decide the case until you have heard all of

the evidence, [the closing arguments, and my

instructions.][my instructions, and the closing

arguments.]

It is now time for the opening statements.

1Some judges prefer to instruct the jury before the lawyers argue, so

that the closing arguments can address the instructions. Other judges

prefer to have arguments before the instructions.