General Rules; Confidentiality Guidelines; Civil Jury Instructions; Criminal Jury Instructions

=== General Rules ===

GENERAL RULES FOR TRIAL OF CRIMINAL/CIVIL CASES BEFORE JUDGE JOE HEATON PLEASE READ CAREFULLY PRIOR TO TRIAL Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courts, arrange in advance for the handling of such matters by you or have an associate handle them for you. 1. Exhibits must be prepared as set out in LCvR39.4. Court time may not be used for marking exhibits. In addition, exhibits are to be placed in three-ring binders separated by tabs. The parties shall provide the original and one (1) copy of the exhibit notebooks to the court on the first day of trial, unless ordered to do so earlier by the court. 2. Witness and Exhibit list must be submitted as required by LCvR43.1. 3. Please stand when you address the court. This includes the making of objections. (Counsel with physical disabilities are excused from this requirement.) 4. Stand a respectful distance from the jury at all times. Statements and argument to the jury will be made from the lectern. 5. In your opening statement to the jury, do not argue the case and do not discuss the law. Confine yourself to a concise summary of the facts to follow. Do not describe in detail what individual witnesses will say. Unless the case is unusually complex, each party will be limited to ten (10) minutes. 6. Please stand when you question witnesses. (Counsel with physical disabilities are excused from this requirement.) Do not pace about the courtroom when questioning witnesses but remain at the lectern unless given permission to approach the witness, diagram, bench, or the like. 7. If you intend to question a witness about a group of documents, avoid delay by having all the documents with you when you start the examination. 8. Except for children, address witnesses by their surnames, for example: Ms. A, Mr. B, Sergeant C, or Doctor D. 9. Do not greet or introduce yourself to adverse witnesses. Commence your cross- examination without preliminaries. Judge Heaton’s General Rules of Court – Revised June 2024 – Page 1 10. When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the rulings of the court in the presence of the jury. Do not make motions in the presence of the jury. Such matters may be raised at the first recess without waiving any rights by such delayed motion. 11. Do not face or otherwise appear to address yourself to jurors when questioning a witness. 12. Never assert your personal opinion as to the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence of an accused, nor as counsel assert personal knowledge of a fact in issue, nor assert a fact not in evidence. 13. Do not react to a statement by another counsel or a witness being examined by another counsel by any gesture or facial expression signifying agreement, disagreement, approval, or disapproval. Advise your clients they are subject to this same limitation. 14. Do not bring food or beverages into the courtroom. Bottled water is permitted. 15. When another counsel has the floor, do not distract the court or jury by audibly conversing with your client or co-counsel, ostentatiously passing notes, rummaging through papers, or other conspicuous conduct. 16. Do not leave the courtroom while trial is in progress without obtaining leave of court. 17. Where more than one attorney represents a party, only the attorney handling the particular witness may respond to an objection or raise an objection in regard to his testimony. 18. Presentation of exhibits to the jury should ordinarily be by use of a laptop, document camera, overhead projector, or other, similar means of presentation. The court does not ordinarily permit exhibits to be passed to the jury but may permit it if the exhibit is particularly significant and other means of presentation are impractical. 19. Do not publish an exhibit to the jury, with visual presentation equipment or otherwise, before the exhibit has been admitted into evidence. Judge Heaton’s General Rules of Court – Revised June 2024 – Page 2 20. If you intend to use any special evidence presentation equipment not already present in the courtroom, you should make the appropriate arrangements prior to the date of the trial and advise the courtroom deputy. The “Attorney’s Manual for Courtroom Technology,” located under “Rules and Procedures” on the court’s website, includes information as to the presentation equipment already available. 21. If you have any reason to anticipate that any question of law or evidence is particularly difficult, give the court as much advance notice as possible. 22. The judiciary’s privacy policy restricts the publication of certain personal data in documents filed with the court. The policy requires limiting Social Security and financial account numbers to the last four (4) digits, using only initials for the names of minor children, and limiting dates of birth to the year. [For criminal cases, also limit home addresses to city, state, and country.] However, if such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless, and until, it is redacted. The better practice for you is to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. Thank you for your cooperation. JOE HEATON UNITED STATES DISTRICT JUDGE Judge Heaton’s General Rules of Court – Revised June 2024 – Page 3

=== Confidentiality Guidelines ===

Guidelines for Confidentiality Orders in Judge Joe Heaton Cases Parties contemplating a request for entry of a protective order directed to the confidentiality of documents produced in discovery should be mindful of the concerns noted in Coker v. Hartford Life Group Ins. Co., Case No. CIV-06-0911-HE (W.D. Okla. Feb. 21, 2007) (Doc. #22 - order denying joint motion for protective order). In particular, requested orders: 1. Should define the information to be kept confidential as narrowly as reasonably practical in the circumstances of the case. Categories of information to be treated as confidential should be specifically stated, not described with phrases such as “including but not limited to” or “anything designated by a party in good faith.” 2. Should minimize the nature and amount of information filed under seal. Where confidential information is mentioned in or attached to a pleading or brief, the confidential information should ordinarily be redacted from the filed pleading or brief and an unredacted copy of it filed under seal. See generally, ECF Policies and Procedures Manual, §II-H. 3. Should not provide for the filing of documents with the judge’s chambers rather than the court clerk. 4. Should not attempt to control the use of confidential documents at court hearings or trial of the case. Decisions in that regard will be made by the court at the time.

=== Civil Jury Instructions ===

HEATON CIVIL CASES - BASIC JURY INSTRUCTIONS The following basic jury instructions are ordinarily used by Judge Heaton in civil cases. There is no need for the parties to submit requested instructions addressing the matters covered in these instructions unless a different or additional instruction is requested. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA v. Plaintiff, Defendant. NO. CIV- - -HE COURT’S INSTRUCTIONS TO THE JURY Members of the Jury: Members of the jury, now that you have heard the evidence, it is my duty to instruct you as to the applicable law. It is your duty as jurors to follow the law as stated in the instructions of the Court and to apply it to the facts as you find them from the evidence in the case. These instructions contain all the law which may be applied by you and the rules by which you should weigh the evidence and determine the facts in issue. 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 the Court. Regardless of any opinion you may have as to what the law ought to be, you must follow the law as I instruct you. Your decision must be based upon probabilities, Court’s Instructions to the Jury - Revised 02/2010 not possibilities. It may not be based upon speculation or guess work. Nothing I say in these instructions is to be taken as an indication that I have any opinion about the facts of the case. It is not my function to determine the facts, but rather yours. Court’s Instructions to the Jury - Revised 02/2010 BURDEN OF PROOF In this civil action, the plaintiff has to prove the essential elements of his claims by a preponderance of the evidence and, if the plaintiff fails to establish any essential element by a preponderance of the evidence, your verdict as to that claim must be for the defendants. A “preponderance of the evidence” as the term is used in these instructions does not necessarily mean the greater number of witnesses testifying to a fact or set of facts, but means that evidence which to your minds is most convincing and seems more likely true than not true. In determining whether any fact in issue has been proved by a preponderance of the evidence, you may consider the testimony of all of the witnesses, regardless of who called them, and all exhibits received in evidence, regardless of who produced them. Court’s Instructions to the Jury - Revised 02/2010 SEPARATE CLAIMS The plaintiff in this case asserts claims against the defendants. Each of these claims and the evidence applicable to them is to be considered separately. Court’s Instructions to the Jury - Revised 02/2010 CONSIDER EACH DEFENDANT SEPARATELY The plaintiff has sued defendants in this case and claim that each is liable to them in damages. You must consider separately the liability of each defendant to the plaintiff under the evidence and the Court’s instructions as to the applicable law. The fact that one defendant may be found liable to the plaintiff should not control your verdict with respect to another defendant, unless you find that the plaintiff has also proven his claim or claims against such other defendant. Court’s Instructions to the Jury - Revised 02/2010 DIRECT AND CIRCUMSTANTIAL EVIDENCE There are, generally speaking, two types of evidence from which a jury may properly find the facts in a case - direct evidence and circumstantial evidence. “Direct evidence” is the testimony of a person who asserts or claims to have actual knowledge of a fact, such as an eyewitness. “Indirect or circumstantial” evidence is the proof of a chain of facts and circumstances indicating the existence or nonexistence of some other fact. As a general rule, the law makes no distinction between the weight or value to be given to either direct or circumstantial evidence, but simply requires that the jury find the facts in accordance with the preponderance of all the evidence in the case, both direct and circumstantial. Court’s Instructions to the Jury - Revised 02/2010 WITNESS - IMPEACHMENT A witness may be discredited or impeached by contradictory evidence or by evidence that at some other time the witness has made statements that are inconsistent with the witness’ present testimony. If you believe that any witness has been impeached and thus discredited, you may give the testimony of that witness such weight, if any, as you think it deserves. If any witness is shown knowingly to have testified falsely concerning any material matter, you have the right to distrust such witness’ other testimony, and you may reject all the testimony of that witness, or give it such weight as you think it deserves. Court’s Instructions to the Jury - Revised 02/2010 OPINION EVIDENCE - EXPERT WITNESS Witnesses who, by education and experience, have become expert in some area, science, profession, or calling, may state their opinions as to matters in which they profess to be expert, and may also state their reasons for their opinions. You should consider each expert opinion received in evidence in this case, and give it such weight as you think it deserves. If you should decide that the opinion of an expert witness is not based upon sufficient education and experience, or if you should conclude that the reasons given in support of the opinion are not sound, or if you feel that it is outweighed by other evidence, you may disregard the opinion entirely. Court’s Instructions to the Jury - Revised 02/2010 EVIDENCE The evidence in the case consists of the sworn testimony of the witnesses, all exhibits which have been received in evidence, and all facts which have been admitted or stipulated. The arguments and statements of the attorneys are not evidence. It is an attorney’s duty to object when the other side offers testimony or other evidence that the attorney believes is not admissible. When I have sustained an objection to a question, you are to disregard the question, and may draw no inference from the wording of it or speculate as to what the witness would have said if permitted to answer. Upon allowing testimony or other evidence to be introduced over the objection of an attorney, I am not, unless expressly stated, indicating any opinion as to the weight or effect of such evidence. As stated before, you are the sole judges of the facts and that includes the credibility of all witnesses and the weight and effect of all evidence. Court’s Instructions to the Jury - Revised 02/2010 EVALUATION OF EVIDENCE AND CREDIBILITY AND NUMBER OF WITNESSES In deciding the facts, you may have to decide which testimony to believe and which not to believe. 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 considering the testimony of any witness, you may take into account many factors, including the witness' relationship to the parties; the witness' interest, if any, in the outcome of the case; the witness' manner of testifying; the witness' opportunity to observe or acquire knowledge concerning the facts about which he or she has testified; any bias or prejudice the witness may have; the witness' candor, fairness, and intelligence; and the extent to which the witness' 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. The weight of the evidence is not necessarily determined by the number of witnesses testifying as to the existence or the nonexistence of any fact. You may find that the testimony of a smaller number of witnesses as to any fact is more credible that the testimony of a larger number of witnesses to the contrary. The test is not which side brings the greater number of witnesses or presents the greater quantity of evidence, but which witnesses and which evidence appeal to your minds as being most accurate and otherwise trustworthy. Court’s Instructions to the Jury - Revised 02/2010 VIDEOTAPE DEPOSITION AND DEPOSITION EVIDENCE During the trial, certain testimony has been presented by way of video or written depositions. You are instructed that you are not to discount this testimony for the sole reason that it comes to you in the form of a deposition. It is entitled to the same consideration and the same judgment on your part with reference to its weight and credibility as is the testimony of witnesses who have taken the stand. Court’s Instructions to the Jury - Revised 02/2010 EFFECT OF INSTRUCTIONS AS TO DAMAGES The fact that I have instructed you as to the proper measure of damages should not be considered by you as intimating any view of mine as to which party in this litigation is entitled to your verdict. Instructions as to the measure of damages are given for your guidance, in the event you should find in favor of the plaintiff in this case. Court’s Instructions to the Jury - Revised 02/2010 CLOSING ARGUMENTS You will now hear the arguments of counsel. You are reminded that the attorneys’ statements and arguments are not evidence. What they have said in their opening statements and during the trial, and what they will say in their closing arguments is intended to help you interpret the evidence, but it is not evidence. If you remember the facts differently from the way the attorneys have stated them, you should base your decision on what you remember. Court’s Instructions to the Jury - Revised 02/2010 CLOSING In a few moments, you will go with the bailiff to the jury room to begin your deliberations. If any of you have cell-phones or similar devices with you, you are instructed to be sure they are turned off and then to turn them over to the bailiff as you enter the jury deliberation room. They will be held by the bailiff for you and returned to you after your deliberations are completed and during any lunch break or similar period when you are not deliberating. The purpose of this requirement is to avoid any interruption or distraction during your deliberations and to avoid any question of outside contact with the jury during your deliberations. You will note from the oath about to be taken by the bailiff, that during the course of your deliberations, the bailiff, as well as other persons, is forbidden to communicate in any way or manner with any member of the jury on any subject touching the merits of the case. When you retire you should elect one juror as your foreperson. That person will preside over the deliberations and speak for you with the Court. You will then discuss the case with your fellow jurors to reach agreement if you can do so. Each of you must decide the case for yourself, but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors. You must not use any method of chance in arriving at your verdict. Do not be afraid to change your opinion if the discussion persuades you that you should. But do not come to a decision simply because other jurors think it is right. Court’s Instructions to the Jury - Revised 02/2010 You should not let sympathy, sentiment or prejudice enter into your deliberations, but you should discharge your duties as jurors in an impartial and conscientious manner under your oaths and return such verdict as the evidence warrants under these instructions A form of verdict will be sent to the jury room with you, along with these written instructions of the Court. I suggest you study the verdict form early in your deliberations so you know what you must decide. All of you must agree on a verdict. When you have reached a decision, the foreperson will fill in, date and sign the verdict form. Notify the bailiff by a written note to the Court when you have agreed on a verdict, so that you may return it into open Court. If it becomes necessary during your deliberation to communicate with me, you may send a note through the bailiff signed by your foreperson. In the message do not tell me how you stand on your verdict. No member of the jury should ever attempt to communicate with me except by a signed writing. The verdict of the jury in this case must be unanimous, which means that each juror must agree on it. It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if that can be done without disregard of individual judgment. Each juror must decide the case for himself or herself, but only after an impartial consideration of the evidence in the case with fellow jurors. In the course of deliberations, a juror should not hesitate to reexamine his or her own views and change an opinion, if convinced it is erroneous, but no juror should surrender an honest conviction as to the weight or effect of the evidence solely because of the opinion of fellow jurors or for the mere Court’s Instructions to the Jury - Revised 02/2010 purpose of returning a verdict. Signed this ______ day of _____________, 20__. ______________________________________ JOE HEATON UNITED STATES DISTRICT JUDGE Court’s Instructions to the Jury - Revised 02/2010

=== Criminal Jury Instructions ===

HEATON CRIMINAL CASES - BASIC JURY INSTRUCTIONS The following basic jury instructions are ordinarily used by Judge Heaton in criminal cases. There is no need for the parties to submit requested instructions addressing the matters covered in these instructions unless a different or additional instruction is requested. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, v. Plaintiff, Defendant. NO. CR- -000-HE COURT'S INSTRUCTIONS TO THE JURY Members of the Jury: Members of the jury, now that you have heard the evidence, it is my duty to instruct you as to the applicable law. It is your duty as jurors to follow the law as stated in the instructions of the Court and to apply it to the facts as you find them from the evidence in the case. These instructions contain all the law which may be applied by you. You must not single out some instructions and disregard others, but must consider the instructions as a whole. You are not to be concerned with the wisdom of any rule of law stated by the Court. Regardless of any opinion you may have as to what the law ought to be, you must follow the law as I instruct you. You also must not allow sympathy, sentiment, or prejudice to influence you, but must perform your duties fairly and impartially. Court's Instructions to the Jury - Revised 02/2010 Nothing said in these instructions or in the verdict form is to suggest in any manner what verdict I think you should find. It is your duty , as jurors, to determine the facts from all the evidence admitted in the case and to follow the law, as stated in these instructions, to determine whether the government has proved a defendant guilty beyond a reasonable doubt. Court's Instructions to the Jury - Revised 02/2010 CHARGE The defendant stands charged by an indictment, which I read to you during the jury selection process. I am not going to read it to you again, but instead will simply remind you that the defendant is charged in two counts, which may be summarized briefly as follows: Count I charges the defendant with . Count II charges the defendant with . A copy of the indictment will be submitted to you with these instructions. I will later instruct you as to the elements of the crimes charged and the elements necessary to be proved. You are reminded that neither the indictment nor my summary of it constitutes proof against the defendant. Court's Instructions to the Jury - Revised 02/2010 PLEA AND PRESUMPTION OF INNOCENCE, To the indictment, the defendant has entered a plea of not guilty. This casts upon the government the burden of proving the essential allegations of the indictment beyond a reasonable doubt before you would be justified in returning a verdict of guilty. The indictment is simply the means by which the defendant is placed upon trial and sets forth in a formal way the offenses of which he is accused. It is not evidence of the guilt of the defendant, and you should not allow yourselves to be influenced against him by reason of the filing of the indictment. The defendant is presumed to be innocent of the crimes charged against him and of each and every element constituting such crimes. The presumption of innocence alone is sufficient to acquit a defendant, unless you are satisfied beyond a reasonable doubt of the defendant’s guilt after careful and impartial consideration of all the evidence in the case. Court's Instructions to the Jury - Revised 02/2010 BURDEN OF PROOF - REASONABLE DOUBT The burden is always upon the prosecution to prove guilt beyond a reasonable doubt. This burden never shifts to a defendant, for the law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or producing any evidence. It is not required that the prosecution prove guilt beyond all possible doubt. The test is one of reasonable doubt. A reasonable doubt is a doubt based upon reason and common sense – the kind of doubt with a basis that would make a reasonable person hesitate to act. Proof beyond a reasonable doubt must, therefore, be proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his or her own affairs. A defendant is never to be convicted on mere suspicion or conjecture. So, if after careful and impartial consideration of all the evidence in the case you have a reasonable doubt that a defendant is guilty of an offense, you must find that defendant not guilty. Court's Instructions to the Jury - Revised 02/2010 DATE OF ALLEGED OFFENSE You will note that the indictment charges that the alleged offenses were committed “on or about” certain dates. The government does not have to establish with certainty the exact date of the alleged offense. It is sufficient if the evidence in the case establishes beyond a reasonable doubt that the offense in question was committed on a date reasonably near the date alleged. Court's Instructions to the Jury - Revised 02/2010 COUNTS ARE SEPARATE CRIMES You are instructed that a separate crime or offense is charged in each count of the indictment. Each crime or offense charged and the evidence pertaining to it must be considered separately, and the guilt or innocence of the defendant as to each count or offense must likewise be considered separately. The fact that you may find the defendant guilty or not guilty as to the crime or offense charged in one count must not control your verdict with reference to the other count or offense. Court's Instructions to the Jury - Revised 02/2010 SEPARATE CONSIDERATION OF MULTIPLE DEFENDANTS AND MULTIPLE COUNTS You are instructed that a separate crime is charged against one or more of the defendants in each count of the indictment. Each offense charged and the evidence pertainaing to it should be considered separately, and the guilt or innocence of a defendant as to each count or offense should likewise be considered separately. The fact that you may find one defendant guilty or not guilty as to the crime charged in one count should not control your verdict with reference to any other offense charged against that defendant or against any other defendant. You must give separate and individual consideration to each charge against each defendant. Court's Instructions to the Jury - Revised 02/2010 CONSIDER ONLY THE OFFENSE CHARGED The defendant is not on trial for any act or conduct not specifically charged in the indictment. Court's Instructions to the Jury - Revised 02/2010 ONLY DEFENDANTS ON TRIAL You will note that, as to some of the counts or crimes charged, the government alleges that the defendants committed the offenses with other persons. Those other individuals are not on trial before you, and you will only be concerned with determining the guilt or innocence of the defendants now on trial. Court's Instructions to the Jury - Revised 02/2010 EVIDENCE The evidence in the case consists of the sworn testimony of the witnesses, all exhibits which have been received in evidence, and all facts which have been admitted or stipulated. The arguments and statements of the attorneys are not evidence. It is an attorney’s duty to object when the other side offers testimony or other evidence that the attorney believes is not admissible. When I have sustained an objection to a question, you are to disregard the question, and may draw no inference from the wording of it or speculate as to what the witness would have said if permitted to answer. Upon allowing testimony or other evidence to be introduced over the objection of an attorney, I am not, unless expressly stated, indicating any opinion as to the weight or effect of such evidence. As stated before, you are the sole judges of the facts and that includes the credibility of all witnesses and the weight and effect of all evidence. Court's Instructions to the Jury - Revised 02/2010 DIRECT AND CIRCUMSTANTIAL EVIDENCE There are, generally speaking, two types of evidence from which a jury may properly find the facts in a case - direct evidence and circumstantial evidence. “Direct evidence” is the testimony of a person who asserts or claims to have actual knowledge of a fact, such as an eye witness. “Circumstantial evidence” is proof of a chain of facts and circumstances from which you may infer some other fact indicating either the guilt or innocence of a defendant. The law makes no distinction between the weight to be given to direct or circumstantial evidence, but simply requires that before convicting a defendant the jury be convinced of the defendant’s guilt beyond a reasonable doubt. If, after weighing all of the evidence, you are not convinced of the guilt of a defendant beyond a reasonable doubt, you must find the defendant not guilty. Court's Instructions to the Jury - Revised 02/2010 EXPERT WITNESS During the trial you heard a witness/witnesses express an opinion concerning . If scientific, technical, or other specialized knowledge might assist the jury in understanding the evidence or in determining a fact in issue, a witness qualified by knowledge, skill, experience, training, or education may testify and state an opinion concerning such matters. Merely because such a witness has expressed an opinion does not mean, however, that you must accept it. You should consider such testimony like any other testimony or evidence in the case. You may accept it or reject it, and give it as much weight as you think it deserves, considering the witness's education and experience, the soundness of the reasons given for the opinion, and all other evidence in the case. Court's Instructions to the Jury - Revised 02/2010 EVALUATION OF EVIDENCE AND CREDIBILITY AND NUMBER OF WITNESSES In deciding the facts, you may have to decide which testimony to believe and which not to believe. 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 considering the testimony of any witness, you may take into account many factors, including the witness’ relationship to the parties; the witness’ interest, if any, in the result of the trial; the witness’ manner of testifying; the witness’ opportunity to observe or acquire knowledge concerning the facts about which he or she has testified; any bias or prejudice the witness may have; the witness’ candor, fairness, and intelligence; and the extent to which the witness’ 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. Your decisions on the facts of this case should not be determined by the number of witnesses testifying for or against a party. You may find that the testimony of a smaller number of witnesses on one side is more credible than the testimony of a greater number of witnesses on the other side. The test is which witnesses and which evidence appeal to your minds as being most accurate and otherwise trustworthy. Court's Instructions to the Jury - Revised 02/2010 IMPEACHMENT A witness may be discredited or impeached by contradictory evidence or by evidence that at some other time the witness has made statements that are inconsistent with the witness’ present testimony. If you believe that any witness has been impeached and thus discredited, you may give the testimony of that witness such weight, if any, as you think it deserves. If any witness is shown knowingly to have testified falsely concerning any material matter, you have the right to distrust such witness’ other testimony, and you may reject all the testimony of that witness, or give it such weight as you think it deserves The testimony of a witness may be discredited or impeached by showing that the witness has been convicted of a felony, a crime punishable by imprisonment for more than a year. Prior conviction does not render a witness incompetent to testify, but is merely a factor that you may consider in determining the credibility of the witness. It is the province of the jury to determine the weight to be given to any prior conviction as impeachment and the weight to be given to the testimony of anyone who has previously been convicted of a felony. You are instructed that a defendant who wishes to testify is a competent witness. The defendant’s testimony should be evaluated by you in the same way as that of other witnesses. Evidence of a defendant’s previous felony conviction is to be considered by you only Court's Instructions to the Jury - Revised 02/2010 insofar as it may affect the credibility of the defendant as a witness, and must never be considered as evidence of guilt of a crime for which the defendant is on trial. Court's Instructions to the Jury - Revised 02/2010 DEFENDANT'S SILENCE The Constitution of the United States grants a defendant the right to remain silent. No presumption of guilt may be raised and no inference of any kind may be drawn, by any juror, from the fact that a defendant does not take the witness stand and testify. As stated before, the law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or of producing any evidence. The government has the burden of proving the defendant guilty beyond a reasonable doubt, and if it fails to do so, you must acquit the defendant. Court's Instructions to the Jury - Revised 02/2010 PUNISHMENT If a defendant is found guilty, it will be my duty to decide what the punishment will be, based on the applicable law and sentencing guidelines. You should not be concerned with punishment in any way and should not consider it in arriving at your verdict. Court's Instructions to the Jury - Revised 02/2010 CLOSING ARGUMENTS You will now hear the arguments of counsel. You are reminded that the attorneys’ statements and arguments are not evidence. What they have said in their opening statements and during the trial, and what they will say in their closing arguments is intended to help you interpret the evidence, but it is not evidence. If you remember the facts differently from the way the attorneys have stated them, you should base your decision on what you remember. Court's Instructions to the Jury - Revised 02/2010 CLOSING In a few moments, you will go with the bailiff to the jury room to begin your deliberations. If any of you have cell-phones or similar devices with you, you are instructed to be sure they are turned off and then to turn them over to the bailiff as you enter the jury deliberation room. They will be held by the bailiff for you and returned to you after your deliberations are completed and during any lunch break or similar period when you are not deliberating. The purpose of this requirement is to avoid any interruption or distraction during your deliberations and to avoid any question of outside contact with the jury during your deliberations. When you retire you should elect one juror as your foreperson. That person will preside over your deliberations and speak for you with the Court. You will then discuss the case with your fellow jurors to reach an agreement if you can do so. Each of you must decide the case for yourself, but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors. You must not use any method of chance in arriving at your verdict. The bulk of the exhibits will be provided to you in the jury room for your review. Certain tangible physical objects, such as the drugs, weapons, cash and the like will not be furnished, but if you need to see those exhibits again during the course of your deliberations, please advise me by a note. Court's Instructions to the Jury - Revised 02/2010 The verdict of the jury in this case must be unanimous, which means that each juror must agree and concur in the verdict. Do not be afraid to change your opinion if the discussion persuades you that you should. Do not, however, come to a decision simply because other jurors think it is right or for the mere purpose of returning a verdict. A form of verdict will be sent to the jury room with you, along with these written instructions of the Court. When you have reached a verdict, the foreperson will sign and date it. Notify the bailiff by a written note to the Court when you have arrived at a verdict, so that you may return it into open court, where I will read the verdict. You are advised that the verdict form includes a blank space after the words “guilty” and “not guilty” for each of the counts charged against the defendant. If you find the defendant guilty or not guilty, simply place a mark in the appropriate box. If it becomes necessary during your deliberations to communicate with me, you may send a note through the bailiff signed by your foreperson. In the message do not tell me how you stand on your verdict. No member of the jury should ever attempt to communicate with me except by a signed writing. You will note from the oath about to be taken by the bailiff, that during the course of your deliberations, the bailiff, as well as other persons, is forbidden to communicate in any way or manner with any member of the jury on any subject touching the merits of the case. Court's Instructions to the Jury - Revised 02/2010 Signed this ______ day of ____________, 20__. ___________________________________ JOE HEATON UNITED STATES DISTRICT JUDGE Court's Instructions to the Jury - Revised 02/2010