M Civ JI 2.01: Function of Judge and Jury
M Civ JI 2.02: Description of Trial Procedure
M Civ JI 2.03: Jury Deliberation; Jurors as Triers of Fact
M Civ JI 2.04: Jury Must Only Consider Evidence; What Evidence Is
M Civ JI 2.05: Jurors to Keep Open Minds
M Civ JI 2.06: Actions Prohibited by Jurors
M Civ JI 2.07: Jurors Not to Consider Information Received Outside Presence of Court [INSTRUCTION DELETED]
M Civ JI 2.08: Objections; Out-of-Presence Hearings
M Civ JI 2.09: Court to Instruct on Law
M Civ JI 2.10: Inability to Hear Witness or See Exhibit
M Civ JI 2.11: Questions by Jurors Allowed
M Civ JI 2.12: Caution about Publicity in Cases of Public Interest [INSTRUCTION DELETED]
M Civ JI 2.13: Note Taking by Jurors Allowed/Not Allowed
M Civ JI 2.14: Reference Documents
Now I am going to briefly explain to you my responsibilities as judge and your responsibility as jurors.
My responsibilities as the judge in this trial are to make sure that the trial is run fairly and efficiently, to make decisions about evidence, and to instruct you about the law that applies to this case. You must take the law as I give it to you. Nothing I say is meant to reflect my own opinions about the facts of the case.
Your responsibility as jurors is to decide what the facts of the case are. This is your job, and no one else's. You must think about all the evidence and all the testimony and then decide what each piece of evidence means and how important you think it is.
History
Amended January 1993, September 2007. TOP
Now I will briefly explain the general order of procedure in the trial from this point forward. First, the lawyer for the plaintiff makes an opening statement in which [ he / she ] outlines [ his / her ] theory of the case. The lawyer for the defendant can then make an opening statement, or [ he / she ] can wait until later. These opening statements are not evidence. They are only intended to assist you in understanding the viewpoints and claims of the parties.
After the opening statements, we will begin the taking of evidence. Plaintiff's lawyer will present evidence first. [ He / She ] may call witnesses to testify and may also offer exhibits such as documents or physical objects. Defendant's lawyer has a right to cross-examine the witnesses called by the plaintiff. Following the plaintiff's presentation, the defendant has the opportunity to present evidence. Plaintiff's lawyer has a right to cross-examine the witnesses called by the defendant. [ During the taking of evidence the lawyers may be allowed to present interim commentary regarding evidence that has been submitted. This commentary is not evidence. Like the opening statements, it is only intended to assist you in understanding the viewpoints and claims of the parties. ]
After all the evidence has been presented, the lawyers for each side will make their closing arguments to you in support of their cases. You are again reminded that the statements of the lawyers are not evidence but are only intended to help you in understanding the evidence and the way each side sees the case. You must base your decision only on the evidence.
In this case, the Plaintiff has brought [ a claim / claims ] involving [ state nature of claims ]. [ Insert instructions regarding the elements of all civil claims (including definitions of legal terms), legal presumptions, and burdens of proof. ]
Because no one can predict the course of a trial, these instructions may change at the end of the trial; if so, you should follow the instructions given at the conclusion of the trial. You will be given a written copy of the instructions I have just read for your use during the trial.
Note on Use
The words “plaintiff” and “defendant” may be replaced by “petitioner” and “respondent” in cases in which the latter terms are used to describe the parties.Because the elements of civil claims may include legal terms, e.g. proximate cause, ordinary care, invitee, licensee, and allowable expenses, definitions of those legal terms should also be given.
The bracketed language should not be given if the court has determined before trial that interim commentary will not be permitted. If interim commentary is permitted, M Civ JI 3.16 should be given immediately before the commentary.
Comment
History
The 2011 amendments reflect the amendments to MCR 2.513(A) and (D) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. These amendments require the court to include in its preliminary instructions the elements of all civil claims, as well as legal presumptions and burdens of proof. Additionally, the court is given discretion to permit the parties to present interim commentary.
Amended January 1993, September 2007, October 2011. TOP
After all of the evidence has been presented and the lawyers have given their arguments, I will give you detailed instructions about the rules of law that apply to this case. Then you will go to the jury room to decide on your verdict.
The responsibility of the jury is to determine the facts. You are the judges of the facts. You determine the weight, effect, and value of the evidence, as well as the credibility of the witnesses. You must consider and weigh the testimony of all witnesses who appear before you, and you determine whether to believe any witnesses and the extent to which any witness should be believed. It is your responsibility to consider any conflicts in testimony which may arise during the course of the trial. Your decision as to any fact in the case is final. On the other hand, it is your duty to accept the law as I instruct you.
History
Amended January 1993, September 2007. TOP
Your determination of the facts in this case must be based upon the evidence. Evidence consists of the sworn testimony of the witnesses. It also includes exhibits, which are documents or other things introduced into evidence.
*(It may also include some things which I specifically tell you to consider as evidence.)
Questions that the lawyers ask the witnesses are not themselves evidence. It is the answers that provide the evidence.
Note on Use
*Use the sentence in parentheses if it is applicable.History
Amended January 1993, September 2007. TOP
[DELETED] M Civ JI 2.05 Jurors to Keep Open Minds
M Civ JI 2.05 JURORS TO KEEP OPEN MINDS
[INSTRUCTION DELETED]
Comment
This instruction was deleted by the Committee in October 2011. The instruction was deleted because its provisions were consolidated with M Civ JI 2.06 in response to the amendment of MCR 2.513. The new consolidated instruction has been designated M Civ JI 2.06.
History
Amended February 1991, January 1993, September 2007.
Deleted October 2011.
[DELETED] M Civ JI 2.06 Prohibited Actions by Jurors
M Civ JI 2.06 PROHIBITED ACTIONS BY JURORS
[INSTRUCTION DELETED]
Comment
This instruction was deleted and rewritten by the Committee in October 2011. The instruction was deleted because its provisions were consolidated with M Civ JI 2.05 in response to the amendment of MCR 2.513. The new consolidated instruction has been designated M Civ JI 2.06.
History
Amended January 1993, September 2007, September 2009.
Deleted October 2011.
[NEW] M Civ JI 2.06 Jurors to Keep Open Minds / Prohibited Actions by Jurors
M Civ JI 2.06 JURORS TO KEEP OPEN MINDS / PROHIBITED ACTIONS BY JURORS
(1) The law requires that cases be decided only on the evidence presented during the trial. So you must keep an open mind and not make a decision about anything in the case until after you have (a) heard all of the evidence, (b) heard the closing arguments of counsel, (c) received all of my instructions on the law and the verdict form, and (d) any alternate jurors have been excused. At that time, you will be sent to the jury room to decide the case. Sympathy must not influence your decision. Nor should your decision be influenced by prejudice regarding race, sex, religion, national origin, age, handicap, or any other factor irrelevant to the rights of the parties.
(2) [ Alternative A ] (Before you are sent to the jury room to decide the case, you may discuss the case among yourselves during recesses in the trial, but there are strict rules that must be followed.
First, you may only discuss the case when (a) all of you are together, (b) you are all in the jury room, and (c) no one else is present in the jury room. You must not discuss the case under any other circumstances. The reason you may not discuss the case with other jurors while some of you are not present is that all of you are entitled to participate in all of the discussions about the case.
Second, as I stated before, you must keep an open mind until I send you to the jury room to decide the case. Your discussions before then are only tentative.
Third, you do not have to discuss the case during the trial. But if you choose to do so, you must follow the rules I have given you.)
[ Alternative B ] (Before you are sent to the jury room to decide the case, you are not to discuss the case even with the other members of the jury. This is to ensure that all of you are able to participate in all of the discussions about the case, and so that you do not begin to express opinions about the case until it has been submitted to you for deliberation.)
(3) There are some additional rules about who you may talk to about the case, and when. You are not to discuss the case at all with family, friends, or even strangers, until you have been discharged as a juror. You may not answer questions from members of your family or anyone else about what kind of case it is or what the case is about. This restriction also includes posts to social media sites such as Facebook and Twitter. The reason for this restriction is that in talking about the case to others and hearing what they may have to say, you may be influenced to form an opinion about the case. This would compromise the right of the defendant and the plaintiff to have a verdict rendered only by the jurors and based only on the evidence you hear and see in the courtroom.
While you are serving as a juror, don't allow anyone to say anything to you or say anything about this case in your presence. If anyone does, advise them that you are on the jury hearing the case, ask them to stop, and let me know immediately.
During the trial of this case and until I have discharged you, there are certain other persons you may not talk to at all. You may not talk to any plaintiff or defendant or their lawyers or any witness, even if your conversation has nothing to do with this case. This is necessary to avoid even the appearance of unfairness or improper conduct on your part.
After you are discharged as a juror, you may talk to anyone you wish about the case. Until that time, I ask you to control your natural desire to discuss the case outside of what I’ve said is permitted.
(4) Until I discharge you as jurors, you may not read, listen to, or watch any news reports about this case. Under the law, the evidence you consider to decide the case must meet certain standards. For example, witnesses must swear to tell the truth, and the lawyers must be able to cross-examine them. Because news reports do not have to meet these standards, they could give you incorrect or misleading information that might unfairly favor one side. So, to be fair to both sides, you must follow this instruction.
(5) While you are in the courtroom and while you are deliberating, you are prohibited altogether from using a computer, cellular telephone, or any other electronic device capable of making communications. You may use these devices during recesses, but even then you may not use them to obtain or disclose the kind of information I will describe next.
(6) Until you are discharged as jurors on this case, even when you are not in court, you may not use a computer, cellular phone, any electronic device capable of making communications, or any other method, to get any information about this case. Information about this case means:
(a) any information about a party, witness, attorney, or court officer;
(b) any news accounts about this case;
(c) any information on any topics raised in the case, or testimony offered by any witness; and
(d) any other information that you might think would be helpful in deciding the case.
(7) You must not visit the scene of the occurrence that is the subject of this trial. If it should become necessary that you view or visit the scene, you will be taken as a group. You must not consider as evidence any personal knowledge you have of the scene.
(8) You must not do any investigations on your own or conduct any experiments of any kind. This includes using the Internet for any purpose regarding this case.
(9) If you discover that any juror has violated any of my instructions about prohibited conduct, you must report it to me.
Note on Use
The court will choose between Alternative A or B in paragraph 2 based on the court’s decision whether to permit the jurors to discuss the evidence among themselves during trial recesses.
Comment
M Civ JI 2.05 and 2.06 were deleted in October 2011 and combined into this instruction. This action reflects the amendment to MCR 2.513(K) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. That amendment grants the court discretion to permit juror discussion of the evidence during trial recesses.
History
Adopted October 2011. TOP
History
This instruction was deleted by the Committee September 1, 2009. The instruction was deleted because its provisions were combined with MCJI 2.06 in response to the amendment of MCR 2.511.
A trial follows established rules of procedure and evidence. During the trial the lawyers might make objections and motions. I will rule on these objections and motions according to the law. Don't conclude from any of my rulings that I have an opinion on the case or that I favor one side or the other. If I sustain an objection to a question and do not permit the witness to answer, don't guess what the answer might have been or draw any inference from the question itself.
Sometimes the lawyers and I are required to consider objections and motions outside your hearing. We may take care of these matters at the bench or in my chambers, or I may excuse you so that we can take care of them in the courtroom. It is impossible to predict when such a conference may be required or how long it will last. I will conduct these conferences so as to use as little of your time as possible. I may also have to take care of other matters which have nothing to do with this case. Do not concern yourselves with any of these matters which must be decided out of your presence or hearing.
History
Amended January 1993, September 2007. TOP
I might give you more instructions during the course of the trial, and at the end of the trial I will give you detailed instructions about the law you are to apply to the case.
History
M Civ JI 2.09 was added September 1980.
Amended September 2007. TOP
Please let me know immediately if you cannot hear a witness or see what is being demonstrated.
Note on Use
Following this instruction, the Court may explain to the jury the anticipated schedule of recesses and adjournments as well as any expected interruptions or distractions, the availability of restaurants, restrooms, etc.
History
M Civ JI 2.10 was added September 1980.
Amended October 1993. TOP
[AMENDED] M Civ JI 2.11 Questions by Jurors Allowed
M Civ JI 2.11 QUESTIONS BY JURORS ALLOWED
During the testimony of a witness, you might think of an important question that you believe will help you better understand the facts in this case. Please wait to ask the question until after the witness has finished testifying and both sides have finished their questioning. If your question is still unanswered, write the question down, raise your hand, and pass the question to the bailiff. The bailiff will give it to me. Do not ask the witness the question yourself, show the question to the other jurors, or announce what the question is.
There are rules of evidence that a trial must follow. If your question is allowed under those rules, I will ask the witness your question. If your question is not allowed, I will either rephrase it or I will not ask it at all.
Note on Use
If questions from jurors are allowed, this instruction may be used. The questioning of, and the method of such questioning of, witnesses by jurors is within the discretion of the trial judge. The court does not have to allow such questioning, but must recognize that it has discretion to do so. People v Heard, 388 Mich 182 (1972).
MCR 2.513(I), as amended by the Michigan Supreme Court effective September 1, 2011, requires, among other things, the court to employ a procedure that ensures that the parties have an opportunity outside the hearing of the jury to object to the questions.
Comment
MCR 2.513(I).
History
This instruction was deleted by the Committee September 1, 2009. The instruction was deleted because its provisions were combined with MCJI 2.06 in response to the amendment of MCR 2.511.
[AMENDED] M Civ JI 2.13 Note Taking by Jurors Allowed/ Not Allowed
M Civ JI 2.13 NOTE TAKING BY JURORS ALLOWED/ NOT ALLOWED
(a) *(You may take notes during the trial if you wish, but of course you don’t have to. If you do take notes, you should be careful that it does not distract you from paying attention to all the evidence. When you go to the jury room to decide your verdict, you may use your notes to help you remember what happened in the courtroom. If you take notes, do not let anyone see them. After you have begun your deliberations, it is then permissible to allow other jurors to see your notes. [ You must turn your notes over to the bailiff during recesses. ] The notes will be destroyed at the end of the trial.)
(b) *(I do not believe that it is helpful for you to take notes because you might not be able to give your full attention to the evidence. So please do not take any notes while you are in the courtroom.)
Note on Use
*The court may use paragraph (a) or paragraph (b), depending on whether the jurors are allowed to take notes.
If paragraph (a) is given, the bracketed sentence in that paragraph may be read if the court wants to assure that notes are not seen by anyone except the jurors.
Paragraph (b) should be given only when a juror requests to take notes and the court decides not to allow note taking.
Comment
The 2011 amendment reflects the amendment to MCR 2.513(H) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. This amendment requires the court to ensure that all juror notes are collected and destroyed at the conclusion of trial. The amended instruction informs the jurors of that fact.
History
M Civ JI 2.13 was added October 1993.
Amended December 1994, October 2011. TOP
[NEW] M Civ JI 2.14 Reference Documents
M Civ JI 2.14 REFERENCE DOCUMENTS
You will now be given [ a reference document / reference documents / a notebook ] including [ describe contents, including list of witnesses, relevant statutory provisions, documents ]. [ The parties have stipulated that the contents of the (document / documents / notebook) are admitted as exhibits. ] [ In the event (one / one or more of) the (document / documents / contents of the notebook) (is / are) not admitted, you must disregard (it / them) at the end of the trial. ] You must turn your [ reference document / reference documents / notebook ] over to the bailiff during recesses. The [ reference document / reference documents / notebook ] will be destroyed at the end of the trial.
Note on Use
Jurors may be told that they can write in their notebook. Because jurors may have written in their notebook, any additions to the notebook made during trial should be made by court personnel or the jurors in order to prevent the parties from observing any writings made by the jurors.
Comment
The 2011 adoption of this instruction reflects the amendment to MCR 2.513(E) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. This amendment gives the court the discretion to authorize or require counsel to provide the jurors with a reference document or notebook. Informing the jurors that the reference document/notebook will be destroyed is consistent with MCR 2.513(H), which provides that the court is to ensure that all juror notes are collected and destroyed at the conclusion of trial.
History
M Civ JI 2.14 was added October 2011.