5th Cir. Pattern Jury Instr. (Civil) 3.7

It is now your duty to deliberate and to consult

with one another in an effort to reach a verdict. Each of

you must decide the case for yourself, but only after an

impartial consideration of the evidence with your fellow

jurors. During your deliberations, do not hesitate to re-examine your own opinions and change your mind if

you are convinced that you were wrong. But do not give

up on your honest beliefs because the other jurors think

differently, or just to finish the case.

Alternate 1:

Remember at all times, you are the judges of the

facts. You have not been allowed to take notes during

this trial. You must rely on your memory.

Alternate 2:

Remember at all times, you are the judges of the

facts. You have been allowed to take notes during this

trial. Any notes that you took during this trial are only

aids to memory. If your memory differs from your notes,

you should rely on your memory and not on the notes.

The notes are not evidence. If you did not take notes,

rely on your independent recollection of the evidence

and do not be unduly influenced by the notes of other

jurors. Notes are not entitled to greater weight than

the recollection or impression of each juror about the

testimony.

When you go into the jury room to deliberate, you

may take with you a copy of this charge, the exhibits

that I have admitted into evidence, and your notes. You

must select a [jury foreperson] [presiding juror] to guide

you in your deliberations and to speak for you here in

the courtroom.

Your verdict must be unanimous. After you have

3.7JURY CHARGE

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reached a unanimous verdict, your [jury foreperson]

[presiding juror] must fill out the answers to the written questions on the verdict form and sign and date it.

After you have concluded your service and I have

discharged the jury, you are not required to talk with

anyone about the case.

If you need to communicate with me during your

deliberations, the [jury foreperson] [presiding juror]

should write the inquiry and give it to the court security officer. After consulting with the attorneys, I will

respond either in writing or by meeting with you in the

courtroom. Keep in mind, however, that you must never

disclose to anyone, not even to me, your numerical division on any question.

You may now proceed to the jury room to begin

your deliberations.