Civil (PDF); Civil Pretrial Deadlines (PDF); Criminal (PDF); Special Conditions; Stock Civil Jury Instructions (PDF); Stock Criminal Jury Instructions (PDF)

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=== Civil (PDF) ===

PREPARATION FOR CIVIL TRIALS before the Hon. Martha Vázquez GENERAL INSTRUCTIONS g g g g g g g g Trial will begin promptly at 9:00 a.m. Counsel must appear no later than 8:30 a.m. if counsel wish to bring matters to the attention of the Court and out of the presence of the jury. Before raising preliminary matters with the Court, counsel must confer with opposing counsel. Trial will recess at 5:00 p.m. Counsel must be prepared to exceed this time if necessary to complete the trial as scheduled. Counsel must stand when addressing the Court, other counsel, a witness, or the jury. Do not refer to any party or attorney by their first name. Counsel must not argue with opposing counsel in the presence of the jury. During opening statements, counsel must not argue the facts or discuss the law. Present a concise summary of the facts. Do not describe in detail what particular witnesses will say. Unless the case is unusually complex, counsel will be limited to fifteen minutes for opening statements. Counsel must remain at the podium when questioning witnesses and must not turn his or her back to the Court, the jury, or a witness when speaking. Counsel must have all exhibits immediately available and in the proper order when questioning a witness. A copy of the exhibits should also be available for the witness stand. When an objection is made in the presence of the jury, counsel must state the rule and make no argument. If the Court needs argument, counsel will be instructed to approach the bench. Do not argue the Court=s ruling in the presence of the jury. g Counsel must not move for a mistrial in the presence of the jury. VOIR DIRE & STATEMENT OF CASE g g g Deadlines for the submission of topics for voir dire, the statement of the case, and any objections thereto are stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. Except for a few preliminary questions by the Court, voir dire will be conducted by counsel. Any objections to proposed voir dire must be filed in accordance with the deadline stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. The objections will be addressed by the Court on the morning of jury selection before the commencement of trial. The parties= joint statement of the case should contain a clear statement of the factual and legal issues, not simply a conclusory description of the legal issues. Revised 7/23/14 1 g g g g g g g g g g WITNESSES Deadlines for the submission of witness lists and any objections thereto are stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. The witness lists must include the name of the witness, his or her title and relevance to the case, a brief summary of the witness=s anticipated testimony and an estimate of time necessary for counsel to examine the witness. The witness list must also indicate whether a witness=s testimony will be live or through deposition. Deadlines for the designation of deposition testimony, as well as objections thereto, are stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. The Court prefers live testimony over deposition testimony. If a deposition is used in part, counsel must highlight the appropriate sectionsCthe plaintiff in yellow ink and the defendant in blue ink. The Court=s copy should also be highlighted. Counsel are responsible for ensuring that a sufficient number of witnesses is scheduled for each day of trial, and that all witnesses are on time and remain near (but outside) the courtroom. EXHIBITS Deadlines for the submission of exhibits, exhibit lists, and any objections thereto are stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. The consolidated exhibit list must be in a table format. Exhibits must be clearly marked and identified prior to trial, with the plaintiff=s exhibits identified on yellow labels by number and the defendant=s exhibits identified on blue labels by letter. Counsel must tab and submit all exhibits in a three-ring binder when providing copies to the Court and the opposing party. Where possible, the parties should stipulate to exhibits in advance of trial. Objections and stipulations regarding exhibits shall be filed with the Court in accordance with the deadlines and comments regarding exhibits stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. Charts, diagrams, etc. must be clearly marked, indicating measurements, landmarks and other identifying factual material. Counsel should avoid having a witness draw or create an exhibit during the time used for examination of the witness. g To the extent possible, counsel is encouraged to use the ELMO equipment in the courtroom for the presentation of exhibits. The ELMO system allows witnesses to mark exhibits while discussing them. The ELMO system also enables counsel to print copies of the marked exhibits to deliver to the jury during its deliberation. If counsel is unfamiliar with the ELMO system, he or she is encouraged to contact the Clerk=s Office to schedule a time to practice using the system before trial. Counsel is discouraged from relying on courtroom personnel to assist in the use of the ELMO system during trial. Revised 7/23/14 2 g g g g JOINT JURY INSTRUCTIONS The deadline for filing proposed Joint Jury Instructions and any objections thereto is stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. Additionally, by the filing deadline, the parties shall email a copy of the proposed Joint Jury Instructions to the Court at: [email protected] in a format compatible with Microsoft Word 2010. The instructions must include no more than one instruction per page with citation to relevant legal authority. All instructions must be submitted in one document titled AJoint Jury Instructions.@ Do not submit each instruction as a separate computer file. The instructions should be carefully proofread for errors in spelling, grammar, punctuation, and citations. The parties shall file jointly one complete set of proposed Joint Jury Instructions. Any proposed jury instructions filed by a party separately will not be considered by the Court. The parties must discuss their proposed jury instructions in advance of the filing deadline so that agreement can be reached on as many instructions as possible. If there are particular instructions upon which the parties cannot agree, the objectionable instruction shall be included in the proposed Joint Jury Instructions, with the proponent=s argument for inclusion of the instruction stated, and the opposing party=s objection to the instruction stated. The parties= argument for and objection to inclusion of an instruction shall be stated in detail, with reference to a corresponding pattern instruction and/or applicable case law supporting their respective positions. If the opposing party proposes the inclusion of an alternate version of the objectionable instruction, the alternate version shall be identified as an alternate instruction and included in the proposed Joint Jury Instructions. The parties= argument for and objection to inclusion of the alternate instruction shall be stated in detail, with reference to a corresponding pattern instruction and/or applicable case law supporting their respective positions. The parties must also review this Court=s Civil Stock Instructions found on the Court=s webpage at: www.nmcourt.fed.us. If the parties cannot access the Civil Stock Instructions via the internet, copies can be obtained from the Clerk=s Office in Santa Fe. A Stock Instruction Index accompanies the Civil Stock Instructions and must be completed by the parties and filed with the proposed Joint Jury Instructions. The parties need not include in their proposed Joint Jury Instructions copies of each of the Court=s Civil Stock Instructions, but must include the completed Stock Instruction Index. The Court will automatically give its Civil Stock Instructions unless a party objects to a stock instruction or an alternative version of the instruction has been filed by the parties. Revised 7/23/14 3 FINDINGS OF FACT & CONCLUSIONS OF LAW g In non-jury trials, the deadline for submission of findings of fact and conclusions of law is stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. MOTIONS IN LIMINE g The deadlines for the submission of motions in limine, responses and replies are stated in the APretrial Deadlines for Civil Cases@ attached to the Trial Notice. g The Court will rule on motions in limine prior to the commencement of trial, if possible. g g g g g PRE-TRIAL CONFERENCE Counsel must be prepared to address the length of the trial (excluding jury selection), the number of witnesses, the number of exhibits, stipulations, objections to any exhibits or witnesses, motions in limine and any other pending motions. JURY SELECTION/TRIAL Jury selection takes place at the Santiago E. Campos United States Courthouse in Santa Fe. If sufficient time is available, opening arguments and testimony will begin on the day of jury selection. Each party shall have the number of peremptory challenges designated in 28 U.S.C. ' 1870. Jurors are allowed to take notes during trial. EQUIPMENT The parties must request permission at the pretrial conference and make prior arrangements to have special equipment installed prior to trial. The parties are encouraged to familiarize themselves with the ELMO equipment used in the courtroom prior to trial. A party may contact the Clerk=s Office in Santa Fe and schedule a date and time in advance of trial to practice using the ELMO equipment before trial. Revised 7/23/14 4

=== Civil Pretrial Deadlines (PDF) ===

PRETRIAL DEADLINES FOR CIVIL CASES Before the Honorable Martha Vázquez PLEASE NOTE: 1) Throughout these instructions, the term Atrial@ refers to commencement of the trailing docket. Therefore, all dates operate off of the current jury selection date or date upon which the trailing docket begins. Counsel must seek leave of Court in the form of a written motion to extend any pretrial deadlines. 2) All deadlines herein are calculated in accordance with Rule 6 of the Federal Rules of Civil Procedure. Where a submission deadline falls on a weekend or a federal holiday, the deadline will be the next working day after the weekend or holiday. EVENT DEADLINE COMMENT Witness Identification Exchange of Exhibits Thirty (30) days before trial Witnesses shall be identified to all other parties no later than thirty (30) days before trial and shall comply with this Court=s rules regarding witnesses as set forth in the attached document titled APreparation for Civil Trials.@ Thirty (30) days before trial The parties shall exchange exhibits no later than thirty (30) days before trial. The exhibits shall be marked and identified prior to trial, with the plaintiff=s exhibits identified on yellow labels by number and the defendant=s exhibits identified on blue labels by letter. Objections to Exhibits Twenty-five (25) days before trial file objections The parties shall to exhibits as follows: 1) identify the exhibit by number or letter; 2) attach a copy of the exhibit, or alternatively, if the exhibit is physical, attach a photograph and/or complete description of the exhibit; and 3) specify the Rule of Evidence or other legal authority upon which the objection is based. In most cases, the Court will consider objections and admit exhibits prior to trial. PRETRIAL DEADLINES FOR CIVIL CASES Before the Honorable Martha Vázquez EVENT DEADLINE COMMENT Consolidated Witness List Twenty-one (21) days before trial Consolidated Exhibit List Twenty-one (21) days before trial jointly The parties file a shall consolidated list of witnesses to be called at trial, which includes: 1) the name of the witness; 2) his or her title and relevance to the case; 3) a brief summary of the witness=s anticipated testimony; and 4) an estimate of the time necessary for counsel for all parties to examine the witness. The order of the witnesses is not binding. However, known witnesses not included in the Consolidated Witness List will not be allowed to testify. jointly file a shall The parties consolidated exhibit list as follows: 1) identify all exhibits the parties have stipulated to being admissible; 2) identify all exhibits the parties have stipulated to being authentic, but to which there are other objections with the objection stated; and 3) identify all contested exhibits on which the parties could not reach a stipulation. Additionally, the parties shall email a copy of the Consolidated Exhibit List to: [email protected] in a format compatible with Microsoft Word 2010. Motions in Limine Responses to Motions in Limine Replies to Motions in Limine Expert Reports Thirty (30) days before trial These deadlines do not include Daubert motions. Challenges to Daubert shall be made by the dispositive motions deadline as set forth in the scheduling order. Twenty-five (25) days before trial pursuant Twenty-one (21) days before trial In accordance with Rule 26(a)(2) of the Federal Rules of Civil Procedure When calling an expert witness, it is the responsibility of counsel to establish his/her qualifications to express an opinion under Rule 702, after which counsel must move for his/her acceptance by the Court as an expert. Further, counsel must inform the Court of the particular field in which counsel offers the witness as an expert. As in expert cumulative other testimony will not be permitted. areas, PRETRIAL DEADLINES FOR CIVIL CASES Before the Honorable Martha Vázquez EVENT DEADLINE COMMENT Depositions Twenty-one (21) days before trial trial. Counsel shall notify opposing counsel and the Court of any intended use of deposition If a testimony at deposition is to be used in part, counsel shall highlight the parts to be used for the Court. The plaintiff will use a yellow the defendant a blue marker and marker. This does not apply to cross-examination or rebuttal. Deposition Objections Memoranda of Law Fifteen (15) days before trial Counsel shall file any objections to the other party=s deposition designations. Thirty (30) days before trial The parties shall file trial briefs outlining the basic legal theories, anticipated evidence in support of such theories, and the legal basis of any anticipated evidentiary disputes. Non-Jury Trials: Findings of Fact Thirty (30) days before trial In non-jury trials, the parties shall file findings of fact and conclusions of law, with references to exhibits and proposed testimony. Each party shall also email the proposed findings and conclusion to: [email protected] in a format compatible with Microsoft Word 2010. Joint Jury Instructions and Objections Joint Statement of the Case Thirty (30) days before trial The parties shall comply with this Court=s rules regarding jury instructions as set forth in the attached document titled APreparation for Civil Trials.@ Thirty (30) days before trial The parties must confer and file an agreed upon statement of the case that will be read to the jury panel during jury selection. The statement should contain a clear explanation of the factual and legal issues. PRETRIAL DEADLINES FOR CIVIL CASES Before the Honorable Martha Vázquez EVENT DEADLINE COMMENT Voir Dire Exchange Five (5) working days before trial Objections to Opponent=s Voir Dire Three (3) working days before trial Courtesy Copies of Exhibits for the Court Twenty-five (25) days before trial In the average case, each counsel will be permitted fifteen (15) minutes to voir dire the venire panel. Do not argue the case or cite legal principles in your voir dire. Requested voir dire shall be exchanged between counsel and filed with the Court by the deadline contained herein. If counsel cannot agree on proposed voir dire, any objections must be filed at least three (3) working days prior to trial. two The parties shall submit (2) complete, numbered or lettered courtesy copies of exhibits, in notebooks, to the Court at the pre-trial conference and shall use the ELMO for the presentation of exhibits during trial.

=== Criminal (PDF) ===

PREPARATION FOR CRIMINAL TRIALS before the Hon. Martha Vázquez GENERAL INSTRUCTIONS  Trial will begin promptly at 9:00 a.m. Counsel must appear no later than 8:30 a.m. if counsel wishes to bring any matters to the attention of the Court and out of the presence of the jury. Before raising preliminary matters with the Court, counsel must confer with opposing counsel.  Trial will recess at 5:00 p.m. Counsel must be prepared to exceed this time if necessary to complete the trial as scheduled.  Counsel must stand when addressing the Court, other counsel, a witness, or the jury. Do not refer to any party or attorney by their first name.  Counsel must not argue with opposing counsel in the presence of the jury.  During opening statements, counsel must not argue the facts or discuss the law. Present a concise summary of the facts. Do not describe in detail what particular witnesses will state. Unless the case is unusually complex, counsel will be limited to fifteen minutes for opening statements.  Counsel must remain at the podium when questioning witnesses and must not turn his or her back to the Court, the jury, or a witness when speaking.  Counsel must have all exhibits immediately available and in the proper order when questioning a witness. Counsel is encouraged to use the ELMO system to present exhibits to a witness. If counsel does not use the ELMO system, then he or she must have marked copies of each exhibit available for the witness to review on the witness stand.  When an objection is made in the presence of the jury, counsel must state the rule and make no argument. If the Court needs argument, counsel will be instructed to approach the bench. Do not argue the Court’s ruling in the presence of the jury.  Counsel must not move for a mistrial in the presence of the jury. 1 PLEA AGREEMENTS  In an effort to conserve judicial resources, the Court must be advised of all plea agreements no later than 5 working days prior to trial.  Guilty pleas must be entered before the Court will excuse a jury. All plea agreements must be signed and approved by the defendant prior to their submission to the Court. If a signed plea agreement has not been received by the Court, all trial deadlines remain in effect. VOIR DIRE  Deadlines for the submission of topics for voir dire and any objections thereto are provided in the Trial Notice.  Except for a few preliminary questions by the Court, voir dire will be conducted by counsel. Any objections will be addressed by the Court on the morning of jury selection before the commencement of trial. WITNESSES  Deadlines for the submission of witness lists and any objections thereto are provided in the Trial Notice.  The witness lists must include the name of the witness, his or her title and relevance to the case, and an estimate of time necessary for counsel to examine the witness.  Counsel is responsible for ensuring that a sufficient number of witnesses are scheduled for each day of trial, and that all witnesses are on time and remain near (but outside) the courtroom. EXHIBITS  Deadlines for the submission of exhibits, exhibit lists, and any objections thereto are provided in the Trial Notice.  The exhibit list must be in a table format with each exhibit clearly identified.  Counsel must mark and tab all exhibits in a three-ring binder when providing copies to the Court and the opposing party. 2  Where possible, exhibits should be stipulated to in advance. If counsel have objections to any exhibits, such objections should be filed with the Court and state with specificity the bases of the objections. “Objection: Hearsay” or “Objection: Relevance” are insufficient forms of objections. Counsel must state the reasons why they believe a particular exhibit is not relevant, for example. Counsel must submit one copy of all objected-to-exhibits (tabbed and marked) as an attachment to any objections to an exhibit.  Charts, diagrams, etc. must be clearly marked, indicating measurements, landmarks and other identifying factual material. Counsel should avoid having a witness draw or create an exhibit during the time used for examination of the witness.  To the extent possible, counsel is encouraged to use the ELMO equipment in the courtroom for the presentation of exhibits. The ELMO system allows witnesses to mark exhibits while discussing them. The ELMO system also enables counsel to print copies of the marked exhibits to deliver to the jury during its deliberation. If counsel is unfamiliar with the ELMO system, he or she is encouraged to contact the Clerk’s Office to schedule a time to practice using the system before trial. Counsel is discouraged from relying on courtroom personnel to assist in the use of the ELMO system during trial. JOINT JURY INSTRUCTIONS  The deadline for filing proposed Joint Jury Instructions and any objections thereto is stated in the Trial Notice. Additionally, by the filing deadline, the parties shall email a copy of the proposed Joint Jury Instructions to the Court at: [email protected] in a format compatible with Microsoft Word 2010. The instructions must include no more than one instruction per page with citation to relevant legal authority. All instructions must be submitted in one document titled “Joint Jury Instructions.” Do not submit each instruction as a separate computer file. The instructions should be carefully proofread for errors in spelling, grammar, punctuation, and citations.  The parties shall file jointly one complete set of proposed Joint Jury Instructions. Any proposed jury instructions filed by a party separately will not be considered by the Court.  The parties must discuss their proposed jury instructions in advance of the filing deadline so that agreement can be reached on as many instructions as possible. If there are particular instructions upon which the parties cannot agree, the objectionable instruction shall be included in the proposed Joint Jury Instructions, with the proponent’s argument for inclusion of the instruction stated, and the opposing party’s objection to the instruction stated. The parties’ argument for and objection to inclusion of an instruction shall be stated in detail, with reference to a corresponding pattern instruction and/or applicable case law supporting their respective positions. If the opposing party proposes the inclusion of an alternate version of the objectionable instruction, the alternate version shall be identified as an alternate instruction and included in the proposed Joint Jury Instructions. The parties’ argument for and objection to inclusion of the alternate instruction shall be stated in detail, with reference to a corresponding pattern instruction and/or applicable case law supporting their respective positions. 3  The parties must also review this Court’s Criminal Stock Instructions found on the Court’s webpage at: http://www.nmd.uscourts.gov/content/honorable-martha-vázquez. If the parties cannot access the Criminal Stock Instructions via the internet, copies can be obtained from the Clerk’s Office in Santa Fe. A Stock Instruction Index accompanies the Criminal Stock Instructions and must be completed by the parties and filed with the proposed Joint Jury Instructions. The parties need not include in their proposed Joint Jury Instructions copies of each of the Court’s Civil Stock Instructions, but must include the completed Stock Instruction Index. The Court will automatically give its Criminal Stock Instructions unless a party objects to a stock instruction or an alternative version of the instruction has been filed by the parties. MOTIONS IN LIMINE  The deadlines for the submission of motions in limine, responses and replies are stated in the Trial Notice. However, counsel are encouraged to file motions in limine as early as possible. Motions in limine filed fourteen (14) days or more before the filing deadline stated in the Trial Notice, must be responded and replied to in accordance with the Federal Rules of Criminal Procedure and the New Mexico Local Rules of Criminal Procedure.  The Court will rule on motions in limine prior to the commencement of trial, if possible. DEPOSITION TESTIMONY  The use of deposition testimony in criminal trials is generally not permitted. If a party seeks to use deposition testimony during a criminal trial, the party must file a motion in limine with supporting legal authority explaining the reasons for requesting the use of deposition testimony, the legal and evidentiary authority for its admission, and the manner in which its use is anticipated. PRE-TRIAL CONFERENCE  The Court does not automatically schedule a pre-trial conference in criminal cases. If the parties believe a pre-trial conference is necessary, they should file a motion requesting a pre- trial conference no later than one (1) month before the scheduled trial date. The motion should state the reasons a pre-trial conference is requested and identify any outstanding matters the parties would like addressed at the pre-trial conference.  Counsel must be prepared to address the length of the trial (excluding jury selection), the number of witnesses, the number of exhibits, stipulations, objections to any exhibits or witnesses, motions in limine and any other pending motions. 4 JURY SELECTION/TRIAL  Jury selection takes place at the Santiago E. Campos United States Courthouse in Santa Fe. If sufficient time is available, opening arguments and testimony will begin on the day of jury selection.  Each party shall have the number of peremptory challenges designated in Rule 24 of the Federal Rules of Criminal Procedure. The Court will typically impanel one or two alternate jurors depending on the nature of the case.  Challenges for cause are addressed by the Court first. After all challenges for cause are resolved, the Court will proceed with the parties’ peremptory challenges. The Court’s usual procedure is to begin with the government until it strikes its first juror, and then passing to the defense until it strikes the next juror, alternating back and forth until the jury is selected or the peremptory challenges are exhausted.  Jurors are allowed to take notes during trial. EQUIPMENT  Counsel must request permission of the Court and make prior arrangements with the Clerk’s Office to have special equipment installed prior to trial. The parties are encouraged to familiarize themselves with the ELMO equipment used in the courtroom prior to trial. A party may contact the Clerk’s Office in Santa Fe and schedule a date and time in advance of trial to practice using the ELMO equipment before trial. MOTIONS FOR CONTINUANCE  All motions for continuance should be filed in accordance with 18 U.S.C. § 3161(h)(8)(A), specifically setting forth the factual grounds justifying a requested continuance and compliance with the Speedy Trial Act.  Counsel cannot assume that the Court will automatically grant last-minute stipulated motions for continuance. 5

=== Special Conditions ===

SENTENCINGS before the Hon. Martha Vázquez SPECIAL CONDITIONS The parties are advised that at the time of sentencing the Court may impose special sentencing conditions, which may include, but are not necessarily limited to, the following: Submit to DNA collection and compliance with statutory requirements while incarcerated in BOP or at direction of USPO; Not possess or have any access to firearms, explosive devices or any other dangerous weapons; Participate in a substance abuse program at the direction of USPO; Participate in a mental health program at the direction of USPO; Submit to drug testing at the direction of USPO; Submit to search of person, property, or automobile under defendant’s control; Consume no alcohol; Not frequent establishments that serve or sell alcohol; Have no contact with the victim(s) at anytime. If the Defendant is a convicted sex offender, the following conditions may also apply: Register as a sex offender at the Sheriff’s Office or designated agency, in the county of residence, within the time frame required by state statute; Participate in sex offender treatment and submit to risk assessment testing, clinical polygraph testing, and other specific sex offender tests, as directed the probation officer; Grant a limited waiver of defendant’s right of confidentiality and any records of mental health treatment imposed as a consequence of this judgment and allow the treatment provider to provide information to the probation officer, and sign all necessary releases to enable the probation officer to monitor the defendant’s progress; Not possess any materials including images, books, writing, drawings, videos, or video games depicting and/or describing sexually explicit conduct or child pornography as defined in 18 U.S.C. 2256(2) and 2256(8); Submit to search of person, property, vehicles, business, computers and residence to be conducted in a reasonable manner and at a reasonable time, for the purpose of detecting sexually explicit material at the direction of the probation officer and inform any residents that the premises may be subject to a search; Not enter the premises, or loiter near the victim(s)’ residence, except when approved in advance and in writing by the probation officer; Not have contact with children under the age of 18 without prior written permission of the probation officer; Must immediately report unauthorized contact with children to the probation officer; Restricted from engaging in an occupation where defendant has access to children, without prior approval of the probation officer; must not loiter within 100 feet of school yards, parks, playgrounds, arcades, or other places used primarily by children under the age of 18; Not volunteer for any activities in which defendant supervises children or adults with mental or physical disabilities.

=== Stock Civil Jury Instructions (PDF) ===

HONORABLE MARTHA VÁZQUEZ Civil Stock Instruction Index Case: _____________________________________ Instruction Parties Accept Do Not Accept Parties Prefer Alternatives (State Source) Parties Cannot Agree (State Positions) 1. Introduction 2. Preponderance of Evidence 3. Parties of Equal Standing 4. Multiple Defendants 5. Evidence Defined 6. What is Not Evidence 7. Use of Notes 8. Consideration of Evidence 9. Credibility 10. Impeachment 11. Depositions 12. Medical Witness 13. Expert Witness 14. Liability Before Damages 15. Compensatory Damages 16. Future Damages 17. Duty to Mitigate 18. Punitive Damages 19. Multiple Claims 20. Closing- Foreperson 21. Communicating w/ Court 22. Not Conveying Opinion 23. Special Verdict Form Instruction No. 1 Members of the jury, now that you have heard all of the evidence, it is my duty to instruct you as to the law of the case. Each of you has received a copy of these instructions that you may take with you to the jury room to consult during your deliberations. You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be. It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. You must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so. In following my instructions, you must follow all of them and not single out some and ignore others; they are all important. SOURCE: 9th Cir. Pattern Jury Instructions (Civil) ' 1.1C (2007) 1 Instruction No. 2 In this case, Plaintiff must prove every essential part of his claim by a preponderance of the evidence. A preponderance of the evidence simply means evidence that persuades you that Plaintiff’s claim is more likely true than not true. In deciding whether any fact has been proven by a preponderance of the evidence, you may, unless otherwise instructed, consider the testimony of all witnesses, regardless of who may have called them, and all exhibits received in evidence, regardless of who may have produced them. If the proof fails to establish any essential part of Plaintiff’s claim by a preponderance of the evidence, you should find for Defendant as to that claim. SOURCE: 5th Cir. Pattern Jury Instructions (Civil), § 2.20 (2009) 2 Instruction No. 3 Do not let bias, prejudice or sympathy play any part in your deliberations. A corporation and all other persons are equal before the law and must be treated as equals in a court of justice. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) ' 2.13 (2009) 3 Instruction No. 4 Although there is more than one defendant in this action, it does not follow from that fact alone that if one is liable another is liable. Each defendant is entitled to a fair consideration of that defendant=s own defense. You will decide each defendant=s case separately, as if each were a separate lawsuit. SOURCE: U.J.I. 13-116 NMRA (2013) 4 Instruction No. 5 The evidence from which you are to decide what the facts are consists of (1) the sworn testimony of any witnesses; (2) the exhibits that have been received into evidence; and (3) any facts to which the lawyers have agreed. The production of evidence in court is governed by rules of law. From time to time it has been my duty, as judge, to rule on the evidence. You must not concern yourselves with the reasons for these rulings. You should not consider what would or would not have been the answers to the questions which the court ruled could not be answered. SOURCE: 1st paragraph: 9th Cir. Pattern Jury Instructions (Civil) ' 1.6 (2007) 2nd paragraph: U.J.I. 13-307 NMRA (2013) 5 Instruction No. 6 In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you: 1. Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statements, will say in their closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of them controls. 2. Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the objection or by the court=s ruling on it. 3. Testimony that has been excluded or stricken, or that you have been instructed to disregard, is not evidence and must not be considered. [In addition some testimony and exhibits have been received only for a limited purpose; where I have given a limiting instruction, you must follow it.] 4. Anything you may have seen or heard when the court was not in session is not evidence. You are to decide the case solely on the evidence received at the trial. SOURCE: 9th Cir. Pattern Jury Instructions (Civil) ' 1.7 (2007) 6 Instruction No. 7 Any notes that you have taken during this trial are only aids to your 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 have not taken notes, you should rely on your independent recollection of the evidence and should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than the recollection or impression of each juror about the testimony. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) ' 2.21 (2009) 7 Instruction No. 8 You must consider only the evidence in this case. However, you may draw such reasonable inferences from the testimony and exhibits as you feel are justified in the light of common experience. You may make deductions and reach conclusions that reason and common sense lead you to make from the testimony and evidence. The testimony of a single witness may be sufficient to prove any fact, even if a greater number of witnesses may have testified to the contrary, if after considering all the other evidence you believe that single witness. There are two types of evidence you may consider. One is direct evidence – such as testimony of an eyewitness. The other is indirect or circumstantial evidence – the proof of circumstances that tend to prove or disprove the existence or nonexistence of certain other facts. The law makes no distinction between direct and circumstantial evidence, but simply requires that you find the facts from a preponderance of all of the evidence, both direct and circumstantial. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) ' 2.18 (2009) 8 Instruction No. 9 In deciding the facts in this case, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness says, or part of it, or none of it. Proof of a fact does not necessarily depend on the number of witnesses who testify about it. In considering the testimony of any witness, you may take into account: (1) the opportunity and ability of the witness to see or hear or know the things testified to; (2) the witness= memory; (3) the witness= manner while testifying; (4) the witness= interest in the outcome of the case and any bias or prejudice; (5) whether other evidence contradicted the witness= testimony; (6) the reasonableness of the witness= testimony in light of all the evidence; and (7) any other factors that bear on believability. The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify. SOURCE: 9th Cir. Pattern Jury Instructions (Civil) ' 1.11 (2007) 9 Instruction No. 10 A witness may be discredited or impeached by contradictory evidence or inconsistent conduct, [or by evidence that at other times the witness has made material statements, under oath or otherwise, which are inconsistent with the present testimony of the witnesses], [or by evidence that the witness has been convicted of a crime], [or by evidence that the general reputation of the witness for truth, honesty or integrity is bad], [or by specific acts of wrongdoing of the witness]. If you believe that any witness has been impeached or discredited, it is your exclusive province to give the testimony of that witness only such credit as you may think it deserves. SOURCE: U.J.I. 13-2004 NMRA (2013) 10 Instruction No. 11 Certain testimony will now be presented to you through a deposition. A deposition is the sworn, recorded answers to questions asked a witness in advance of the trial. Under some circumstances, if a witness cannot be present to testify from the witness stand, that witness= testimony may be presented, under oath, in the form of a deposition. Some time before this trial, attorneys representing the parties in this case questioned this witness under oath. A court reporter was present and recorded the testimony. The questions and answers will be read [shown] to you today. This deposition testimony is entitled to the same consideration [and is to be judged by you as to credibility] [and weighed and otherwise considered by you insofar as possible in the same way] as if the witness had been present and had testified from the witness stand in court. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) ' 2.23 (2009) 11 Instruction No. 12 A medical witness may testify about statements concerning a person=s medical history and condition that were made for purposes of diagnosis or treatment. [Such statements are not evidence of their own truth, but they may be considered to show the information upon which the witness=s diagnosis or medical opinion was based.] To whatever extent the opinion of the witness is based upon such statements, you may consider the trustworthiness of the statements in determining the weight to be given to the witness=s opinion. SOURCE: U.J.I. 13-205 NMRA (2013) 12 Instruction No. 13 When knowledge of technical subject matter may be helpful to the jury, a person who has special training or experience in that technical field – called an expert witness – is permitted to state an opinion on those technical matters. However, you are not required to accept that opinion. As with any other witness, it is up to you to decide whether to rely upon it. [In deciding whether to accept or rely upon the opinion of an expert witness, you may consider any bias of the witness, including any bias you may infer from evidence that the expert has been or will be paid for reviewing the case and testifying, or from evidence that he or she testifies regularly as an expert witness and his or her income from such testimony represents a significant portion of his or her income.] SOURCE: 5th Cir. Pattern Jury Instructions (Civil) ' 2.19 (2009) 13 Instruction No. 14 If Plaintiff has proven one or more of his claims against a Defendant by the preponderance of the evidence, you must determine the damages to which Plaintiff is entitled. You should not interpret the fact that I have given instructions about Plaintiff’s damages as an indication in any way that I believe that Plaintiff should, or should not, win this case. It is your task first to decide whether a Defendant is liable. I am instructing you on damages only so that you will have guidance in the event you decide that a Defendant is liable and that Plaintiff is entitled to recover money from a Defendant. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) §15.1 (2009) 14 Instruction No. 15 If you find that a Defendant is liable to Plaintiff, then you must determine an amount that is fair compensation for all of Plaintiff’s damages. These damages are called compensatory damages. The purpose of compensatory damages is to make Plaintiff whole – that is to compensate Plaintiff for the damage that Plaintiff has suffered. Compensatory damages are not limited to expenses that Plaintiff may have incurred because of his injury. If Plaintiff wins, he is entitled to compensatory damages for the physical injury, pain and suffering, mental anguish, shock and discomfort that he has suffered because of a defendant’s conduct. You may award compensatory damages only for injuries that Plaintiff proves were proximately caused by a Defendant’s allegedly wrongful conduct. The damages that you award must be fair compensation for all of Plaintiff’s damages, no more and no less. Compensatory damages are not allowed as a punishment and cannot be imposed or increased to penalize a defendant. You should not award compensatory damages for speculative injuries, but only for those injuries which Plaintiff has actually suffered or that Plaintiff is reasonably likely to suffer in the future. If you decide to award compensatory damages, you should be guided by dispassionate common sense. Computing damages may be difficult, but you must not let that difficulty lead you to engage in arbitrary guesswork. On the other hand, the law does not require that Plaintiff prove the amount of his losses with mathematical precision, but only with as much definiteness and accuracy as the circumstances permit. 15 You must use sound discretion in fixing an award of damages, drawing reasonable inferences where you find them appropriate from the facts and circumstances in evidence. You may award compensatory damages for any of the following elements, to the extent you find them proved, by a preponderance of the evidence, to have resulted from a Defendant’s wrongful conduct: (1) Any bodily injury that Plaintiff sustained and any pain and suffering, emotional distress, personal humiliation, disability, disfigurement, mental anguish, and/or loss of capacity for enjoyment of life that Plaintiff experienced in the past or is reasonably likely to experience in the future. No evidence of the value of intangible things, such as mental or physical pain and suffering, has been or need be introduced. You are not trying to determine value, but an amount that will fairly compensate Plaintiff for the damages he has suffered. There is no exact standard for fixing the compensation to be awarded for these elements of damage. Any award that you make should be fair in light of the evidence; (2) The nature, extent and duration of the injury; (3) Aggravation of a preexisting ailment, disease or physical defect, or activation of any such latent condition. If you find that there was such an aggravation, you should determine what portion of Plaintiff’s condition resulted from the aggravation, and make allowance in your verdict only for the aggravation; (4) The value of lost earnings [and the present cash value of earning capacity reasonably certain to be lost in the future]; 16 (5) The reasonable expense of necessary medical care, treatment, and services received [including prosthetic devices and cosmetic aids] [and the present cash value of the reasonable expenses of medical care, treatment and services reasonably certain to be received in the future]. (6) The reasonable value of necessary non-medical expenses that have been required as a result of the injury [and the present cash value of such non-medical expenses reasonably certain to be required in the future]. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) §§ 15.2, 15.4, 15.5 (2009); U.J.I. 13-1802 through 1805 NMRA (2013) 17 A. Damages Accrued Instruction No. 16 If you find for Plaintiff, he is entitled to recover an amount that will fairly compensate him for any damages he has suffered to date. B. Calculation of Future Damages If you find that Plaintiff is reasonably certain to suffer damages in the future from his injuries, then you should award him the amount you believe would fairly compensate him for such future damages. In calculating future damages, you should consider the standard table of mortality as compiled in the New Mexico statutes. The Court instructs you that, according to that table, the life expectancy of persons aged [_____] is ____ additional years. This figure is not conclusive. It is the average life expectancy of persons who have reached that age. This figure may be considered by you in connection with other evidence relating to the probable life expectancy of Plaintiff, including evidence of his occupation, health, habits and other activities, bearing in mind that some persons live longer and some live shorter than the average. C. Reduction of Future Damages to Present Value An award of future damages necessarily requires that payment be made now for a loss that plaintiff will not actually suffer until some future date. If you should find that Plaintiff is entitled to future damages, including future earnings, then you must determine the present worth in dollars of such future damages. If you award damages for loss of future earnings, you must consider two particular factors: 18 (1) You should reduce any award by the amount of the expenses that Plaintiff would have incurred in making those earnings. (2) If you make an award for future loss of earnings, you must reduce it to present value by considering the interest that Plaintiff could earn on the amount of the award if he made a relatively risk-free investment. The reason why you must make this reduction is because an award of an amount representing future loss of earnings is more valuable to Plaintiff if he receives it today than if received it in the future, when he would otherwise have earned it. It is more valuable because Plaintiff can earn interest on it for the period of time between the date of the award and the date he would have earned the money. Thus you should adjust the amount of any award for future loss of earnings by the amount of interest that Plaintiff can earn on that amount in the future. If you make any award for future medical expenses, you should adjust or discount the award to present value in the same manner as with loss of future earnings. However, you must not make any adjustment to present value for any damages you may award for future pain and suffering or future mental anguish. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) §15.3 (2009); U.J.I. 13-1831 NMRA (2013) 19 Instruction No. 17 A person who claims damages resulting from the wrongful act of another has a duty under the law to use reasonable diligence to mitigate – to avoid or minimize those damages. If you find a Defendant is liable and Plaintiff has suffered damages, Plaintiff may not recover for any item of damage he could have avoided through reasonable effort. If you find by a preponderance of the evidence Plaintiff unreasonably failed to take advantage of an opportunity to lessen his damages, you should deny him recovery for those damages he would have avoided had he taken advantage of the opportunity. You are the sole judge of whether Plaintiff acted reasonably in avoiding or minimizing his damages. An injured plaintiff may not sit idly by when presented with an opportunity to reduce his damages. However, he is not required to exercise unreasonable efforts or incur unreasonable expenses in mitigating the damages. A defendant has the burden of proving the damages which Plaintiff could have mitigated. In deciding whether to reduce Plaintiff's damages because of his failure to mitigate, you must weigh all the evidence in light of the particular circumstances of the case, using sound discretion in deciding whether a Defendant has satisfied its burden of proving that Plaintiff's conduct was not reasonable. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) § 15.15 (2009) 20 Instruction No. 18 In this case, Plaintiff seeks to recover punitive damages from Defendant[s] on Plaintiff’s [___] claims against him/her/them. You may consider awarding punitive damages against Defendant[s] if you find for Plaintiff on one or more of Plaintiff’s [___] claims against him/her/them, and further find that Plaintiff should recover either compensatory damages [or nominal damages] on one or more of those claims. The purpose of punitive damages is not to compensate Plaintiff, but rather to punish Defendant and to deter Defendant and others from committing similar acts in the future. Accordingly, in deciding whether to award punitive damages, your focus should be on whether Defendant’s actions call for deterrence and punishment over and above that provided by any award of compensatory damages. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. You may award punitive damages only if you find that Defendant’s conduct was malicious, willful or with callous or reckless indifference to the safety or rights of others. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring another. Conduct is willful or with callous or reckless indifference to the safety or rights of others if, under the circumstances, it reflects complete disregard to another’s safety or rights, or if Defendant acts in the face of a perceived risk that its actions will violate another’s rights under federal law. If you find that punitive damages are appropriate, you must use reason in setting the 21 amount. Punitive damages, if any, should be in an amount sufficient to fulfill their purpose but should not reflect bias, prejudice or sympathy toward any party. In considering punitive damages, you may consider the degree of reprehensibility of Defendant’s conduct, the relationship of any award of punitive damages to any actual injury inflicted on Plaintiff, and the financial resources of Defendant. SOURCE: Joliet v. Deland, 966 F.3d 573 (10th Cir. 1992); 9th Cir. Pattern Jury Instructions (Civil) § 5.5 (2007); 5th Cir. Pattern Jury Instructions (Civil) §15.13 (2009) 22 Instruction No. 19 You must not award compensatory damages more than once for the same injury. For example, if Plaintiff prevails on two claims, and establishes a dollar amount for his injuries, you must not award Plaintiff any additional compensatory damages on each claim. Plaintiff is only entitled to be made whole once, and may not recover more than he has lost. Of course, if different injuries are attributed to the separate claims, then you must compensate Plaintiff fully for all of his injuries. With respect to punitive damages, you may make separate awards on each [___] claim that Plaintiff has established. SOURCE: 5th Cir. Pattern Jury Instructions (Civil) § 15.14 (2009) (First two paragraphs only of instruction). 23 Instruction No. 20 When you begin your deliberations, you should elect one member of the jury as your presiding juror. That person will preside over the deliberations and speak for you here in court. You will then discuss the case with your fellow jurors to reach agreement if you can do so. Your verdict must be unanimous. Each of you must decide the case for yourself, but you should do so only after you have considered all of the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors. The attitude and conduct of jurors at the beginning of their deliberations are very important. It is rarely helpful for a juror, on entering the jury room, to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused, and one may hesitate to change a position even if shown that it is wrong. Remember that you are not partisans or advocates in this matter. You must be impartial judges of the facts. Do not hesitate to change your opinion if the discussion persuades you that you should. Do not come to a decision simply because other jurors think it is right. It is important that you attempt to reach a unanimous verdict but, of course, only if each of you can do so after having made your own conscientious decision. Do not change an honest belief about the weight and effect of the evidence simply to reach a verdict. 24 SOURCE: 9th Cir. Pattern Jury Instructions (Civil) § 3.1 (2007), except fourth paragraph, which is California Jury Instructions- Civil, Book of Approved Jury Instructions, 15.31 (9th ed.) 25 Instruction No. 21 If it becomes necessary during your deliberations to communicate with me, you may send a note through the court security officer, signed by your presiding juror or by one or more members of the jury. No member of the jury should ever attempt to communicate with me except by a signed writing; I will communicate with any member of the jury on anything concerning the case only in writing, or here in open court. Remember that you are not to tell anyone—including me—how the jury stands, numerically or otherwise, until after you have reached a unanimous verdict or have been discharged. Do not disclose any vote count in any note to the court. SOURCE: 9th Cir. Pattern Jury Instructions (Civil) § 3.2 (2007) 26 Instruction No. 22 Nothing said in these instructions and nothing in any form of verdict, which has been prepared for your convenience, is to suggest or convey to you in any way or manner any intimation as to what verdict I think you should return. What the verdict shall be is the sole and exclusive duty and responsibility of the jury. SOURCE: O’Malley, Grenig & Lee, Federal Jury Practice and Instructions § 20.01 (5th ed. 2000) (excerpted from longer instruction) 27 Instruction No. 23 A form of special verdict has been prepared for your convenience. You will take this form into the jury room. You will note that each of the three interrogatories or questions calls for a AYes@ or ANo@ answer. The answer to each question must be the unanimous answer of the jury. Your foreperson will write the unanimous answer of the jury in the space provided below each question. As you will note from the wording of the questions, it will not be necessary to consider or answer question (2) if your answer to question (1) is ANo.@ Nor will it be necessary for you to consider or answer question (3), unless your answer to both questions (1) and (2) is AYes.@ Accordingly, if your answer to either questions (1) or (2) is ANo,@ the foreperson will date and sign the special verdict, without answering question (3). On the other hand, if your answer to both questions (1) or (2) is AYes,@ then you will answer question (3). The foreperson will then date and sign the special verdict as so completed; and you will then return with it to the courtroom. SOURCE: O=Malley, Grenig & Lee, Federal Jury Practice and Instructions ' 106.05 (5th ed. 2000) (updated by the 2001 pocket part) COURT MODIFICATIONS: Portion deleted; to be modified to conform to case. 28

=== Stock Criminal Jury Instructions (PDF) ===

JUDGE MARTHA VÁZQUEZ Criminal Stock Instruction Index UNITED STATES vs.__________________________ Cr. No.______________ Instruction Parties Accept Do Not Accept Parties Prefer Alternatives (State Source) Parties Cannot Agree (State Positions) Preliminary Instruction Before Trial 1. Introduction to Final Instructions 2. Duty to Follow Instructions 3. Presumption of Innocence - Burden of Proof - Reasonable Doubt 4. Note-taking by Jurors 5. Evidence – Defined 6. Evidence - Direct and Circumstantial - Inferences 7. Credibility of Witnesses 8. Impeachment by Prior Inconsistencies 9. Expert Witness 10. Date of Indictment 11. Multiple Defendants – Multiple Counts 12. Multiple Defendants – Single Count 13. Punishment 14. Duty to Deliberate - Verdict Form 15. Use of Electronic Technology During Deliberations MV STOCK PRELIMINARY INSTRUCTION Members of the Jury: At the end of the trial I will give you detailed guidance on the law and on how you will go about reaching your decision. For now, however, I simply want to explain in general terms how the trial will proceed. This criminal case has been brought by the United States government. I will sometimes refer to the government as the prosecution. The government is represented by Assistant United States Attorneys [insert names]. The Defendant, [insert Defendant’s name], is represented by his/her attorney, [insert name]. An [Indictment returned by the Grand Jury/Information] charges [insert Defendant’s name], with [charges]. Specifically, the [Indictment/Information] provides: [Insert Indictment/Information] [Insert elements of crimes charged if you so elect] The first step in the trial will be the opening statements. The government in its opening statement will tell you about the evidence that it intends to put before you. Just as the [Indictment/Information] is not evidence, neither is the opening statement. Its purpose is only to help you understand what evidence will be presented; it is a road map to show you what is ahead. After the government’s opening statement, [insert Defendant’s name]’s attorney may make an opening statement. [Change this if the defendant reserves his or her statement until later or omit if the defendant has decided not to make an opening statement.] Evidence then will be presented from which you will have to determine the facts. The −2− evidence will consist of the testimony of the witnesses, documents, and other things received into the record as exhibits, and any facts about which the lawyers agree or to which they stipulate. The government will offer its evidence. After the government’s evidence, [insert Defendant’s name]’s lawyer may [make an opening statement and] present evidence, but he/she is not required to do so. I remind you that [insert Defendant’s name] is presumed innocent and it is the government that must prove[insert Defendant’s name]’s guilt beyond a reasonable doubt. If [insert Defendant’s name] submits evidence, the government may introduce rebuttal evidence. It will be your duty to find from the evidence what the facts are. You and you alone will be the judges of the facts. You then will have to apply those facts to the law as presented to you by the Court. You must follow that law whether you agree with it or not. Certain things are not evidence and must not be considered by you in determining what the facts of the case are. I will list them for you now. 1. 2. Statements, arguments, and questions by lawyers are not evidence. Objections to questions are not evidence. At times during the trial, a lawyer may make an objection to a question asked by another lawyer, or to an answer by a witness. This simply means that the lawyer is requesting that I make a decision on a particular rule of law. Do not draw any conclusions from such objections or from my rulings on the objections. If I sustain an objection to a question, the witness may not answer it. Do not attempt to guess what answer might have been given if I had permitted the witness to answer. If I overrule the objection, treat the answer as you would treat any other. If I tell you not to consider a particular statement, you may not refer to that statement in your later deliberations. Similarly, if I tell you −3− to consider a particular piece of evidence for a specific purpose, you may consider it for that limited purpose alone. 3. Testimony that the court has excluded or told you to disregard is not evidence and must not be considered. 4. Anything you may have seen or heard outside the courtroom is not evidence and must be disregarded. You are to decide the case solely on the evidence presented here in the courtroom. There are two kinds of evidence: direct and circumstantial. Direct evidence is direct proof of a fact, such as the testimony of an eyewitness. Circumstantial evidence is evidence of facts from which you may infer or conclude that other facts exist. I will give you further instructions on these as well as other matters at the end of the case, but keep in mind that you may consider both kinds of evidence. You are to consider all the evidence received in this trial. It will be up to you to decide what evidence to believe and how much of any witness’s testimony to accept or reject. I will give you some guidelines for determining the credibility of witnesses at the end of the case. During the course of the trial I may have to interrupt the proceedings to confer with the attorneys about the rules of law that should apply. Sometimes we will talk briefly, at the bench, but some of these conferences may take more time, so I will excuse you from the courtroom. I will try to avoid such interruptions whenever possible, but please be patient even if the trial seems to be moving slowly because such conferences often actually save time in the end. During the course of the trial I may ask a question of a witness. If I do, that does not indicate that I have any opinion about the facts in the case; rather, I am only trying to bring out −4− facts that you may consider. Nothing that I may say or do during the course of the trial is intended to indicate, or should be taken to indicate, what your verdict ought to be. As you know, this is a criminal case. There are three basic rules about a criminal case that you must keep in mind. First, [insert Defendant’s name] is presumed innocent until proven guilty. As noted above, the Indictment brought by the government against [insert Defendant’s name] is only an accusation, nothing more. It is not proof of guilt or anything else. [Insert Defendant’s name] therefore begins with a clean slate. Second, the burden of proof is on the government throughout the case. [Insert Defendant’s name] has no burden to prove his or her innocence, or to present any evidence, or to testify. Since [insert Defendant’s name] has the right to remain silent, the law prohibits you from arriving at your verdict by considering the fact that [he/she] may not have testified. Third, the government has the burden of proving [insert Defendant’s name] guilty beyond a reasonable doubt. Bear in mind that in this respect a criminal case is different from a civil case. The law does not require a defendant to prove his innocence or produce any evidence at all. The government has the burden of proving [insert Defendant’s name] guilty beyond a reasonable doubt, and if it fails to do so, you must find [insert Defendant’s name] not guilty. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of [insert Defendant’s name]’s guilt. There are few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. It is only required that the government’s proof exclude any “reasonable doubt” concerning [insert Defendant’s name]’s guilt. A reasonable doubt is a doubt based on reason −5− and common sense after careful and impartial consideration of all the evidence in the case. If, based on your consideration of the evidence, you are firmly convinced that [insert Defendant’s name] is guilty of the crime charged, you must find him/her guilty. If on the other hand, you think there is a real possibility that he/she is not guilty, you must give him/her the benefit of the doubt and find him/her not guilty. Now I will say a few words about your conduct as jurors. You, as jurors, must decide this case based solely on the evidence presented here within the four walls of the courtroom. This means that during the course of the trial, you should not talk with the judge, or with any witness, or with [insert Defendant’s name], or with any of the lawyers at all. The attorneys, witnesses, and parties in this case are also directed not to speak to the jurors. In addition, during the course of the trial, you, as jurors, should not talk about the trial with anyone else. Do not discuss the case with anyone or provide any information about the trial to anyone outside the courtroom until you are dismissed. Most of us use smart phones, tablets, or computers in our daily lives to access the internet for information and to participate in social medial platforms. To remain impartial jurors, however, you must not communicate with anyone, including family and friends, about this case, whether in person, in writing, or through email, text messaging, blogs, or social media websites and apps (including but not limited to Twitter, Facebook, Instagram, LinkedIn, YouTube, WhatsApp, and Snapchat). Simply put, do not communicate with anyone about the trial, through any means, until you are dismissed. Also, you should not discuss this case among yourselves until I have instructed you on −6− the law and you have gone to the jury room to make your decision at the end of the trial. It is important that you wait until all the evidence is received and you have heard my instructions on the controlling rules of law before you deliberate among yourselves. Only after you retire to deliberate may you begin to discuss the case with your fellow jurors. However, you cannot discuss the case with anyone else until you have returned a verdict and the case has concluded. Let me add that during the course of the trial you will receive all the evidence you properly may consider to decide the case. Because of this, you should not attempt to gather any information or do any research on your own, or otherwise attempt to find out information from any source outside the confines of this courtroom. Do not attempt to visit any places mentioned in the case, either in person or on the internet, and do not in any other way try to learn about the case outside the courtroom. In other words, you should not consult dictionaries or reference materials, search the internet, websites, or blogs, or use any other electronic tools or resources to obtain information about this case or about the matters, legal issues, individuals, or other entities involved in this case, or to help you decide the case. Also, now that the trial has begun you must not see, hear, or read about the case in the media. The reason for this is that your decision in this case must be made solely on the evidence presented at the trial. I expect that each of you will inform me immediately if you become aware of another juror’s violation of these instructions. A juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result, which would require that the entire trial process start over. Finally, do not form any opinion until all the evidence is in. Keep an open mind until you start your deliberations at the end of the case. −7− If you want to take notes during the course of the trial, you may do so. However, it is difficult to take detailed notes and pay attention to what the witnesses are saying at the same time. If you do take notes, be sure that your note-taking does not interfere with your listening to and consideration of all of the evidence. Also, if you do take notes, do not discuss them with anyone before you begin your deliberations. Do not take your notes with you at the end of the day; they must be left in the jury room. If you choose not to take notes, remember that it is your own individual responsibility to listen carefully to the evidence. You cannot give this responsibility to someone who is taking notes. We depend on the judgment of all members of the jury; each of you must remember the evidence presented in this case. The court reporter is making stenographic notes of everything that is said in Court. This is basically to create a record of the case, including in the event of an appeal. However, a typewritten copy of the testimony will not be available for your use during deliberations. By contrast, any exhibits admitted by the Court will be made available to you during your deliberations. After you have heard all of the evidence, I will instruct you on the rules of law that you are to use in reaching your verdict. The government and the defense then will each be given time for their final arguments. With that introduction, [insert name of AUSA], you may present the opening statement for the government. Source: 10th Cir. Pattern Jury Instructions 1.01 (2021) (modified) and Case Management, Proposed Model Jury Instruction (June 2020) (modified). −8− Note: This instruction will be read at the beginning of the trial and is not included in the set of instructions read and given to the jury at the end of the trial. −9− MV STOCK INSTRUCTION NO. 1 Members of the Jury: In any jury trial, there are, in effect, two judges. I am one of the judges, you are the other. I am the judge of the law. You, as jurors, are the judges of the facts. I presided over the trial and decided what evidence was proper for your consideration. It is also my duty at the end of the trial to explain to you the rules of law that you must follow and apply in arriving at your verdict. In explaining the rules of law that you must follow, first, I will give you some general instructions that apply in every criminal case – for example, instructions about burden of proof and insights that may help you to judge the believability of witnesses. Then I will give you some specific rules of law that apply to this particular case and, finally, I will explain the procedures you should follow in your deliberations, and the possible verdicts you may return. These instructions will be given to you for use in the jury room, so you need not take notes. Source: 10th Cir. Pattern Jury Instructions § 1.03 (2021). −10− MV STOCK INSTRUCTION NO. 2 You, as jurors, are the judges of the facts. But, in determining what actually happened – that is, in reaching your decision as to the facts – it is your sworn duty to follow all of the rules of law as I explain them to you. You have no right to disregard or give special attention to any one instruction, or to question the wisdom or correctness of any rule I may state to you. You must not substitute or follow your own notion or opinion as to what the law is or ought to be. It is your duty to apply the law as I explain it to you, regardless of the consequences. However, you should not read into these instructions, or anything else I may have said or done, any suggestion as to what your verdict should be. That is entirely up to you. It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. That was the promise you made and the oath you took. Source: 10th Cir. Pattern Jury Instructions § 1.04 (2021). −11− MV STOCK INSTRUCTION NO. 3 The government has the burden of proving the Defendant guilty beyond a reasonable doubt. The law does not require a defendant to prove his/her innocence or produce any evidence at all. The government has the burden of proving the Defendant guilty beyond a reasonable doubt, and if it fails to do so, you must find the defendant not guilty. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the Defendant’s guilt. There are few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. It is only required that the government’s proof exclude any “reasonable doubt” concerning the Defendant’s guilt. A reasonable doubt is a doubt based on reason and common sense after careful and impartial consideration of all the evidence in the case. If, based on your consideration of the evidence, you are firmly convinced that the Defendant is guilty of the crime charged, you must find him/her guilty. If on the other hand, you think there is a real possibility that he/she is not guilty, you must give him/her the benefit of the doubt and find him/her not guilty. Source: 10th Cir. Pattern Jury Instruction § 1.05 (2021). −12− MV STOCK INSTRUCTION NO. 4 Any notes that you have taken during this trial are only aids to your 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 have not taken notes, you should rely on your own independent recollection of the evidence and should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than the memory or impression of each juror as to what the testimony may have been. Source: 5th Cir. Pattern Jury Instructions (Criminal) § 1.02 Alt. B (2019) (modified). −13− MV STOCK INSTRUCTION NO. 5 You must make your decision based only on the evidence that you saw and heard here in court. Do not let rumors, suspicions, or anything else that you may have seen or heard outside of court influence your decision in any way. The evidence in this case includes only what the witnesses said while they were testifying under oath, the exhibits that I allowed into evidence, the stipulations that the lawyers agreed to [and the facts that I have judicially noticed]. Nothing else is evidence. The lawyers’ statements and arguments are not evidence. Their questions and objections are not evidence. My legal rulings are not evidence. And my comments and questions are not evidence. During the trial, I did not let you hear the answers to some of the questions that the lawyers asked. [I also ruled that you could not see some of the exhibits that the lawyers wanted you to see.] [And sometimes, I ordered you to disregard things that you saw or heard, or I struck things from the record.] You must completely ignore all of these things. Do not even think about them. Do not speculate about what a witness might have said or what an exhibit might have shown. These things are not evidence, and you are bound by your oath not to let them influence your decision in any way. Source: 10th Cir. Pattern Jury Instruction § 1.06 (2021). −14− MV STOCK INSTRUCTION NO. 6 There are, generally speaking, two types of evidence from which a jury may properly determine the facts of a case. One is direct evidence, such as the testimony of an eyewitness. The other is indirect or circumstantial evidence, that is, the proof of a chain of facts which point to the existence or non-existence of certain other facts. As a general rule, the law makes no distinction between direct and circumstantial evidence. The law simply requires that you find the facts in accord with all the evidence in the case, both direct and circumstantial. While you must consider only the evidence in this case, you are permitted to draw reasonable inferences from the testimony and exhibits, inferences you feel are justified in the light of common experience. An inference is a conclusion that reason and common sense may lead you to draw from facts that have been proved. By permitting such reasonable inferences, you may make deductions and reach conclusions that reason and common sense lead you to draw from the facts that have been established by the testimony and evidence in this case. Source: 10th Cir. Pattern Jury Instructions § 1.07 (2021). −15− MV STOCK INSTRUCTION NO. 7 I remind you that it is your job to decide whether the government has proved the guilt of the Defendant beyond a reasonable doubt. In doing so, you must consider all of the evidence. This does not mean, however, that you must accept all of the evidence as true or accurate. You are the sole judges of the credibility or “believability” of each witness and the weight to be given to the witness’s testimony. An important part of your job will be making judgments about the testimony of the witnesses [including the Defendant] who testified in this case. You should think about the testimony of each witness you have heard and decide whether you believe all or any part of what each witness had to say, and how important that testimony was. In making that decision, I suggest that you ask yourself a few questions: Did the witness impress you as honest? Did the witness have any particular reason not to tell the truth? Did the witness have a personal interest in the outcome in this case? Did the witness have any relationship with either the government or the defense? Did the witness seem to have a good memory? Did the witness clearly see or hear the things about which he/she testified? Did the witness have the opportunity and ability to understand the questions clearly and answer them directly? Did the witness’s testimony differ from the testimony of other witnesses? When weighing the conflicting testimony, you should consider whether the discrepancy has to do with a material fact or with an unimportant detail. And you should keep in mind that innocent misrecollection – like failure of recollection – is not uncommon. [The testimony of the Defendant should be weighed and [his/her] credibility evaluated in the same way as that of any other witness.] [The Defendant did not testify and I remind you that you cannot consider [his/her] −16− decision not to testify as evidence of guilt. I want you to clearly understand that the Constitution of the United States grants to a defendant the right to remain silent. That means the right not to testify or call any witnesses. That is a constitutional right in this country, it is very carefully guarded, and you should understand that no presumption of guilt may be raised and no inference of any kind may be drawn from the fact that a defendant does not take the witness stand and testify or call any witnesses.] In reaching a conclusion on a particular point, or ultimately in reaching a verdict in this case, do not make any decisions simply because there were more witnesses on one side than on the other. Source: 10th Cir. Pattern Jury Instruction § 1.08 (2021). −17− MV STOCK INSTRUCTION NO. 8 You have heard the testimony of [insert name]. You have also heard that, before this trial, he/she made a statement that may be different from his/her testimony here in court. This earlier statement was brought to your attention only to help you decide how believable his/her testimony in this trial was. You cannot use it as proof of anything else. You can only use it as one way of evaluating his/her testimony here in court. Source: Note: 10th Cir. Pattern Jury Instructions § 1.10 (2021), plus last sentence of 5th Cir. Pattern Jury Instructions § 1.11 (2019). This instruction will be given if a prior inconsistent statement that does not fall within Fed. R. Evid. 801(d)(2)(A) has been admitted. If several prior inconsistent statements were admitted, some for impeachment purposes and others as substantive evidence, this instruction will be modified to identify which statements were offered for impeachment purposes. −18− MV STOCK INSTRUCTION NO. 9 During the trial, you heard the testimony of [insert name], who expressed opinions concerning [insert subject of expert testimony]. In some cases, such as this one, scientific, technical, or other specialized knowledge may assist the jury in understanding the evidence or in determining a fact in issue. A witness who has knowledge, skill, experience, training, or education may testify and state an opinion concerning such matters. You are not required to accept such an opinion. You should consider opinion testimony just as you consider other testimony in this trial. Give opinion testimony as much weight as you think it deserves, considering the education and experience of the witness, the soundness of the reasons given for the opinion, and other evidence in the trial. Source: 10th Cir. Pattern Jury Instructions § 1.17 (2021). Note: This instruction will be given if an expert witness has testified. −19− MV STOCK INSTRUCTION NO. 10 You will note that the Indictment charges that the crime was committed [insert date or date range]. The government must prove beyond a reasonable doubt that the Defendant committed the crime reasonably near [date or date range]. Source: 10th Cir. Pattern Jury Instructions § 1.18 (2021). Note: This instruction may not be appropriate if the Defendant has raised an alibi defense. −20− MV STOCK INSTRUCTION NO. 11 A separate crime is charged against [one or more of] the defendant[s] in [each count of] the Indictment. You must separately consider the evidence against [each/the] Defendant [as to each count] and return a separate verdict for [each/the] Defendant. Your verdict as to any one [Defendant or] count, whether it is guilty or not guilty, should not influence your verdict as to any other [Defendants or] [counts.] Source: 10th Cir. Pattern Jury Instructions § 1.22 (2021). Note: The second paragraph should be modified when guilt of one charge is a prerequisite for conviction of another charge. −21− MV STOCK INSTRUCTION NO. 12 [The rights of each of the Defendants in this case are separate and distinct. You must separately consider the evidence against each Defendant and return a separate verdict for each. Your verdict as to one Defendant, whether it is guilty or not guilty, should not affect your verdict as to any other Defendant.] Source: 10th Pattern Jury Instruction § 1.21 (2021). Note: This instruction will be given in a multi-defendant case. −22− MV STOCK INSTRUCTION NO. 13 If you find the Defendant guilty, it will be my duty to decide what the punishment will be. You should not discuss or consider the possible punishment in any way while deciding your verdict. Source: 10th Cir. Pattern Jury Instructions § 1.20 (2021). −23− MV STOCK INSTRUCTION NO. 14 In a moment our court security officer will escort you to the jury room. You have each been given a copy of the instructions that I have just read. Any exhibits admitted into evidence will also be placed in the jury room for your review. When you go to the jury room, first you should select a foreperson who will help to guide your deliberations and will speak for you here in the courtroom. The second thing you should do is review the instructions. Not only will your deliberations be more productive if you understand the legal principles upon which your verdict must be based, but for your verdict to be valid, you must follow the instructions throughout your deliberations. Remember, you are the judges of the facts, but you are bound by your oath to follow the law stated in the instructions. To reach a verdict, whether it is guilty or not guilty, all of you must agree. Your verdict must be unanimous as to each count of the Indictment. Your deliberations will be secret. You will never have to explain your verdict to anyone. You must consult with one another and deliberate in an effort to reach agreement if you can do so. 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 reexamine your own opinions and change your mind if convinced that you were wrong. But do not give up your honest beliefs solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. Remember that at all times, you are judges – judges of the facts. You must decide whether the government has proved the Defendant guilty beyond a reasonable doubt. A form of verdict has been prepared for your convenience. The foreperson will write the −24− unanimous answer of the jury in the space provided for each count of the Indictment, either not guilty or guilty. At the conclusion of your deliberations, the foreperson should date and sign the verdict. If you need to communicate with me during your deliberations, the foreperson should write the message and give it to the court security officer. I will either reply in writing or bring you back into the courtroom to respond to your message. Under no circumstances should you reveal to me the numerical division of the jury. Source: 10th Cir. Pattern Jury Instruction § 1.23 (2021) (modified). −25− MV STOCK INSTRUCTION NO. 15 Throughout your deliberations, you may discuss with each other the evidence and the law that has been presented in this case, but you must not communicate with anyone else by any means about the case. You are permitted to discuss the case only with your fellow jurors during deliberations because they have seen and heard the same evidence and instructions on the law that you have. You also may not learn from outside sources about the case, the matters in this case, the legal issues in this case, or individuals or other entities involved in this case. This means that you may not use any electronic device or media (such as a phone, computer, or tablet), the internet, any text or instant messaging service, or any social media apps (such as Twitter, Facebook, Instagram, LinkedIn, YouTube, WhatsApp, and Snapchat) to research or communicate about what you have seen and heard in this courtroom.. Source: Judicial Conference Committee on Court Administration and Case Management, Proposed Model Jury Instruction (June 2020) (modified). −26−

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