Civil Jury Instructions Home

1.2-9 Jury View

Revised to January 1, 2008

I will shortly be permitting you to take a view of certain evidence relating to this case outside of the courtroom.  This will give you the opportunity to see for yourselves a particular (location / item) so that the testimony and other evidence may be more easily understood and put into proper perspective.

Keep in mind that the proceedings outside of the courthouse are a part of the trial and are governed by the same rules.  What you observe during the view is as much evidence as the testimony of the witnesses and the exhibits that are admitted.  So, it is important that you pay close attention to what it is that can be seen on the view.  Observe and observe well.

Please try to keep together as much as possible so that if the lawyers or I address you, you will be able to hear what is said.  Any time we leave the courtroom the opportunity for mischief arises.  Do not talk to anyone about the case while we are outside the courtroom and keep in mind the other rules that govern your conduct as jurors in this case.

Notes

Jury views can present challenges to the trial court judge somewhat different than issues that arise in the courtroom.  To the extent possible, the trial court judge should resolve with counsel ahead of time, by agreement or otherwise, issues relating to the terms of the view, such as whether the jury's attention should be confined or directed to certain things, whether there will be testimony, questions or note-taking on the view, whether any of the counsel will address the jury during the view, and whether jurors should be given further instruction or restricted in their observations in any way.  Any view should be arranged so as to limit to the extent possible distractions from the subject of the view.  The burden of making any necessary arrangements, as approved by the court, should be borne by the party requesting the view.