General Civil Jury Instructions; General Civil Voir Dire Questions

=== General Civil Jury Instructions ===

Court Instruction No. __ Now that you have heard all of the evidence and the argument of counsel, it becomes my duty to give you instructions concerning the law applicable to this case. It is your duty as jurors to follow the law as I shall state it to you, and to apply the law to the facts as you find them from the evidence in the case. You are not to single out one instruction alone as stating the law, but must consider the instructions as a whole. You are not to be concerned with the wisdom of any rule of law stated by me. Neither by these instructions, nor by any ruling or remark I have made, do I mean to indicate any opinion as to the facts or as to what your verdict should be. You are the sole judges of the facts. Court Instruction No. ___ Regardless of any opinion you may have as to what the law is or ought to be, it would be a violation of your sworn duty to base a verdict upon any view of the law other than that given in the instructions of the court, just as it would be a violation of your sworn duty, as judges of the facts, to base a verdict upon anything other than the evidence in this case. In deciding the facts of this case, you must not be swayed by bias or prejudice or favor as to any party. Our system of law does not permit jurors to be governed by prejudice or sympathy or public opinion. Both the parties and the public expect that you will carefully and impartially consider all of the evidence in the case, follow the law as stated by the court, and reach a just verdict regardless of the consequences. This case should be considered and decided by you as an action between persons of equal standing in the community, and holding the same or similar stations in life. Each party is entitled to the same fair trial at your hands, and a corporate entity such as defendant [name] is entitled to the same fair trial as an individual. The law respects all persons equally; all persons, including [Defendant’s names], stand equal before the law and are to be dealt with as equals in a court of justice. Court Instruction No. ___ As stated earlier, it is your duty to determine the facts, and in so doing you must consider only the evidence I have admitted in the case. The term "evidence" includes sworn testimony of the witnesses, the exhibits admitted into evidence, evidence judicially noticed, and any stipulated facts. A stipulation is an agreed statement of facts between the parties, and you should regard such agreed statements as true. Any evidence to which I sustained an objection or that I ordered stricken must of course be disregarded. The only issues to be determined by you are those which I will set out in detail later in these instructions. Remember that any statements, objections or arguments made by the lawyers are not evidence in the case. The function of the lawyers is to point out those things that are most significant or most helpful to their respective sides of the case, and in so doing to call your attention to certain facts or inferences that might otherwise escape your notice. In the final analysis, however, it is your own recollection and interpretation of the evidence that controls in the case. What the lawyers say is not binding on you. So while you should consider only the evidence in the case, you are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified in the light of common experience. In other words, 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 the case. In determining any fact in issue you may consider the testimony of all witnesses, regardless of who may have called them, and all the exhibits received in evidence, regardless of who may have produced them. Court Instruction No. ___ There are two types of evidence: direct and circumstantial. Direct evidence is the direct proof of a fact, such as the testimony of an eyewitness. Circumstantial evidence is the proof of a chain of facts and circumstances that tend to show whether or not an asserted fact is true. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. Therefore, all of the evidence in the case, including the circumstantial evidence, should be considered by you in arriving at your verdict Court Instruction No. ___ Now, I have said that 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 his or her testimony. In weighing the testimony of a witness you should consider: the witness’s relationship to any of the parties; the witness’s interest, if any, in the outcome of the case; the witness’s manner of testifying; the witness’s opportunity to observe or acquire knowledge concerning the facts about which he or she testified; the witness’s candor, fairness and intelligence; and the extent to which the witness’s testimony has been supported or contradicted by other credible evidence. You may, in short, accept or reject the testimony of any witness in whole or in part. Also, the weight of the evidence is not necessarily determined by the number of witnesses testifying as to the existence or non-existence of any fact. You may find that the testimony of a smaller number of witnesses as to any fact is more credible than the testimony of a larger number of witnesses to the contrary. The testimony of a single witness that produces in your minds a belief in the likelihood of its truth is sufficient for the proof of any fact, and would justify a verdict in accordance with such testimony, even though a number of witnesses may have testified to the contrary if, after consideration of all the evidence in the case, you hold greater belief in the accuracy and reliability of the one witness. Similarly, the weight of the evidence is not necessarily determined by whether the evidence is in the form of a document or the oral testimony of a witness. It is for you to determine based upon the circumstances surrounding each document and each piece of testimony what weight to give to that evidence. Court Instruction No. ___ The law does not require any party to call as witnesses all persons who may have been present at any time or place involved in the case, or who may appear to have some knowledge of the matters at issue in this trial. Nor does the law require any party to produce as exhibits all papers and things mentioned during this trial. Court Instruction No. ___ A witness may be discredited or "impeached" by contradictory evidence, by a showing that he or she testified falsely concerning a material matter, or by evidence that at some other time the witness has said or done something, or has failed to say or do something, that is inconsistent with the witness’s present testimony. If you believe that any witness has been so impeached, then it remains your exclusive province to give testimony of that witness such credibility or weight, if any, that you think it deserves. Court Instruction No. ___ When any witness is questioned about an earlier statement that the witness may have made, or earlier testimony that the witness may have given, such questioning is permitted in order to aid you in evaluating the truth or accuracy of the witness’s testimony at the trial. In addition, if that earlier statement was made under oath and is inconsistent with the witness’s testimony at the trial, you may consider that earlier sworn statement as evidence of the truth or accuracy of such earlier statement. Whether or not such prior statements of a witness are, in fact, consistent or inconsistent with the witness’s trial testimony is entirely for you to determine. Court Instruction No. ___ The purpose of the attorneys’ opening statements is to acquaint you in advance with the facts the attorneys expect the evidence to show. The purpose of the attorneys’ closing arguments is to discuss the evidence actually presented. Opening statements, closing arguments and other statements of counsel should be disregarded to the extent that they are not supported by the evidence. During the course of a trial it often becomes the duty of counsel to make objections and for me to rule on them in accordance with the law. The fact that an attorney made objections should not influence you in any way. Nor should the nature or manner of my ruling on any objection influence you in any way. Whenever I have sustained an objection to a question addressed to a witness you must disregard the question entirely, and draw no inference from the wording of it, or speculate as to what the witness would have said if he or she had been permitted to answer the question. You should also disregard any answer the witness may have given prior to my ruling on the objection. Court Instruction No. ___ The burden of proof in this case is by a preponderance of the evidence, which means that you must be persuaded considering all of the evidence in the case, that the proposition on which the party has the burden of proof is more probably true than not true. When I say "if you find" or "if you decide" I mean if you find or if you decide by a preponderance of the evidence. Court Instruction No. ___ An attorney has a right to interview a witness for the purpose of learning what testimony the witness will give. The fact that the witness has talked to an attorney and told him or her what he or she would testify to does not, by itself, reflect adversely on the truth of the testimony of the witness. Court Instruction No. ___ During the trial, certain testimony was presented to you by the reading of a deposition or the playing of a video deposition. This testimony is entitled to the same consideration you would give it had the witness personally appeared in court. Court Instruction No. ___ You have heard testimony of expert witnesses. This testimony is admissible where the subject matter involved requires knowledge, special study, training, or skill not within ordinary experience, and the witness is qualified to give an expert opinion. However, the fact that an expert has given an opinion does not mean that it is binding on you or that you are obligated to accept the expert’s opinion as to the facts. You should assess the weight to be given to the expert opinion in light of all the evidence in the case. Court Instruction No. ___ Upon retiring to the jury room, you should first select one of your number to act as your foreperson. The foreperson will then preside over your deliberations and act as your spokesperson here in court. You will take the verdict form with you to the jury room. When you reach unanimous agreement as to your verdict, the foreperson should fill in the verdict form, all of you should sign it, and then you should tell the court security officer to inform me that you have reached a verdict. If, during deliberations, you should desire to communicate with the court, please reduce your message or question to writing and have the foreperson sign the note and include the date and time. Then, pass the note to the courtroom security officer, who will bring it to my attention. I will respond as promptly as possible, either in writing or by having you return to the courtroom so that I can address you in person. With respect to any message or question that you provide to the court during your deliberations, please be advised of the following rules. First, do not state or specify, your numerical division at any time; that is, do not inform the court or even hint at how many among you were or are in favor or against reaching any particular verdict. Also, please be advised that the court cannot supply you with transcripts of any of the trial testimony. Court Instruction No. ___ The verdict must represent the considered judgment of each juror. Your verdict must be unanimous. You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own view, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to re-examine your own views and change your opinion if you believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the purpose of returning a unanimous verdict. All of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement that is consistent with the individual judgment of each juror. You are impartial judges of the facts. Your sole interest is to seek the truth from the evidence on the case.

=== General Civil Voir Dire Questions ===

VOIR DIRE EXAMINATION You have been summoned as prospective jurors in a civil case wherein (name plaintiff) is the plaintiff and (name defendant) is the defendant. This case concerns (BRIEF DESCRIPTION OF THE CASE AS AGREED TO BY THE PARTIES) . The plaintiff is represented by _________________. Will you please introduce the people seated at counsel's table. The defendant is represented by ______________. Will you please introduce the people seated at counsel's table. Questions to the Individual Jurors Now we need to know something about the jurors, so beginning with the first juror, will you please, in a loud voice, state your name. 1. In what city or town do you live? 2. What is your occupation? a. What are your duties at that job? b. How long have you been employed at that company? c. Have you had any supervisory responsibilities at this job? d. Are you a member of a union, and if so, do you have any leadership position in that organization? 3. Are you married? a. What is your spouse's occupation? b. What are your spouse's responsibilities at that job? 4. Do you have any children? What are their occupations? 5. How long have you lived in Indiana? 6. What is your educational background? 7. How many members are in your immediate family? 8. Do you belong to any clubs or organizations? 9. What kind of magazines or newspapers do you read? 10. What do you like to do in your spare time? 11. If selected as a juror, will you be able to render a verdict solely on the evidence presented and the law as given to you by the court? 12. Do you know of any reason whatsoever why you cannot sit as a fair and impartial juror in this case? Questions to all Jurors The trial in this case will take more than _______ days. Many witnesses will be called. In any jury trial, evidence is introduced in a piecemeal fashion. Can you keep an open mind until all the evidence is introduced and you have heard the final instructions of the court and arguments of counsel? During your deliberations you are required to listen to and consider the opinions of your fellow jurors and reassess your own opinions in an effort to reach a verdict. However, your vote must be based upon your own good faith opinion and not merely to reach a verdict. Do you have any problems with that? [Do you understand that this is a civil trial and thus the burden of proof is by a preponderance of the evidence and not proof beyond a reasonable doubt?] Questions to the Entire Panel My following questions are for the entire venire and I ask those of you seated in the jury box to raise your hand if your answer to any of my questions is "Yes." I would ask those perspective jurors who are seated in the spectator section to please listen carefully to the questions that are about to be asked, because in all likelihood many of you will be called before this morning is through. Questions relating to this lawsuit 1. Has anyone talked with any of you about this case, or discussed this case in your presence? 2. Have any of you formed or expressed an opinion as to the merits of this case? Is that opinion based upon what you have read in newspapers or heard on the radio (or seen on television)? -2- Would any of you not be able to set aside such an opinion and render a fair and impartial verdict based solely upon the evidence presented and the law as given to you by the court? 3. Is any juror familiar with the facts of this particular case? Will this fact prevent you from rendering a fair and impartial verdict based solely upon the evidence presented and the law as given to you by the court? 4. Are any of you related by blood or marriage to the plaintiff? 5. Are any of you related by blood or marriage to the defendant? 6. Do any of you personally know the defendant _____________? The plaintiff __________? 7. Are any of you related by blood or marriage to any of the attorneys appearing in this case? 8. Have you, or members of your immediate family, ever been represented by any of the attorneys in this case or been involved in any matter in which any of these attorneys were involved? 9. Does anyone know, on a personal basis, any of the attorneys appearing in this case? 10. Has any juror ever been employed by (plaintiff or defendant company) ? Has any member of your family ever been employed by (the plaintiff or defendant company) ? 11. Do any of you have a personal interest in the result of this trial? 12. Has any juror ever been involved in a situation similar to the matter before the court today? 13. Do you know any of the following persons who may be called to testify in this case? [Read Witness List From Pretrial Order] 14. The incident involved in this lawsuit occurred at ______________. Are any of you familiar with that location? [Here ask questions relating to specific case] -3- General Background 1. Is there anyone who cannot read, write or speak the English language? 2. Is there anyone who cannot hear or see well? 3. Is there anyone here with any health problems that will interfere with their ability to serve as a juror? 4. Is there any juror who will be unduly burdened with financial, business, family or medical problems if the trial in this case requires as many as ___ days to try? 5. If any of you, or members of your immediate family, have previously served on a jury of any kind, either in federal or state court, would you please raise your hand? a. Was the case civil or criminal? b. What were the facts of that case? c. What was your verdict? d. Were you the jury foreman? e. Do you understand that each case must be decided upon the facts introduced into evidence at trial and the law as read in the final instructions? f. Was there anything about the prior jury experience which would interfere with giving both parties a fair trial in this case? 6. Has any juror ever been injured in an accident of any kind? 7. Has any member of your immediate family ever been injured in an accident of any kind? a. What kind of injuries did he or she sustain? b. Was there any permanent injury? c. Has he or she recovered? d. Is he or she back to work? e. Was there a lawsuit filed? 8. Do you, or does any member of your family, have any physical impairment or defect which might affect your judgment in this case? 9. Have your or any member of your immediate family ever had a claim against anyone -4- for damages? 10. Has anyone ever had a claim for damages against you or a member of your immediate family? a. What kind of claim? b. What did it involve? c. Was this claim compromised or settled out of court, or did the matter go to trial? d. Would that fact influence you in any way in reaching a verdict in this case? e. Were you satisfied with the outcome of this claim? 11. Have any of you ever testified as a witness in any court? 12. Would the fact that this case involves a claim by an individual against a corporation so influence you that you could not be fair and impartial in deciding the issues involved in this case? 13. Have any of you jurors, or any members of your immediate families, ever been employed in any capacity in the insurance business or as an investigator or adjuster for any claims agency? 14. Do any of you, or any members of your immediate family, have any special legal training either from educational courses or an occupation? 15. Do any of you, or any members of your immediate family, have any special medical training, either from educational courses or in your occupation? 16. Do you know of any reason why you may be prejudiced for or against the plaintiff of for or against the defendant because of the nature of this particular case or otherwise? 17. If you are selected as a juror in this case, you will be required to put aside any feeling of passion or prejudice and decide this case solely on the evidence introduced during the trial and the instructions that the court will give you concerning the law. Is there anyone unable or unwilling to do that? 18. If you were the plaintiff or the defendant in this case, do you know of any reason why you would not be content to have this case tried to someone in your frame of -5- mind? Questions to Individual Jurors 1. If you are selected to sit as a juror in ths case will you be able or willing to render a verdict solely on the evidence presented during the trial and the law as given to you by the court? 2. Do you know of any reason whatsoever why you cannot sit as a fair and impartial juror in this case? [Counsel may submit any additional questions. Ask additional questions and follow up questions.] [Ask counsel to submit challenges.] [After challenges have been made, advise jury:] The questions that I have asked are not designed to pry into your personal affairs but to discover if you have any preconceived opinions which you cannot lay aside, or if you have had any experience in your personal or family life that might cause you to strongly identify with either the plaintiff or the defendant. These questions are necessary to assure an impartial jury. All of us come from varying backgrounds when you consider our families, education, occupations and other experiences during our lifetimes. These varying backgrounds cause all of us to have opinions, beliefs and sometimes prejudices which may create the impression that someone may not be impartial or completely open-minded in this particular case. Although this impression may be incorrect, the law allows each party to a lawsuit to excuse a limited number of prospective jurors in an effort to select a jury which the parties feel will be fair to both sides. You should not be concerned if you are excused from service on a particular jury. Being excused from service is in no way a reflection upon a prospective juror's character or ability. Being excused from service today does not mean that you may not be selected to serve later in another case. -6- [If any juror is excused, the venireman who replaces him should be asked:] 1. Did you hear and pay close attention to the questions I asked of the other jurors? 2. If I asked you those same questions, would you have answered yes to any of them? 3. If yes, which one(s)? 4. Have you heard of this case before? 5. Have you, or members of your immediate family, previously served on a jury of any kind, either in federal or state court? 6. Do any of you know of any of the participants in this case, including the parties, the attorneys, or any witnesses which I previously mentioned? 7. In what city or town do you live? 8. What is your occupation? a. What are your duties at that job? b. How long have you been employed at that company? c. Have you had any supervisory responsibilities at this job? Union? 9. Are you married? a. What is your spouse's occupation? b. What are your spouse's responsibilities at that job? 10. Do you have any children? What are their occupations? 11. How long have you lived in Indiana? 12. What is your educational background? 13. How many members are in your immediate family? 14. Do you belong to any clubs or organizations? 15. What kind of magazines or newspapers to you read? 16. What do you like to do in your spare time? 17. If selected as a juror, will you be able to render a verdict solely on the evidence presented and the law as given to you by the court? 18. Do you know of any reason whatsoever why you cannot sit as a fair and impartial juror in this case? -7- [After jury is accepted by both sides] Both sides having accepted the jury, the jurors will please stand, raise your right hands, and be sworn to try this case. Will the clerk please swear in the jury. To the unchosen venireman: I want to thank the rest of you for coming this morning. As you can see, we are never sure just exactly how many jurors we are going to need. I do want to thank you for being here, ready to serve. If you need work slips, the Clerk's office will take care of that immediately. -8-