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Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
After a jury is selected, a trial will generally follow this order of events: Opening Statement: ... Presentation of Evidence: ... Rulings by the Judge: ... Instructions to the Jury: ... Closing Arguments: ... Deliberation:
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Of the California Code of Civil Procedure. Step 1: Selection of a Jury. Step 2: The Trial. Step 3: Jury Deliberations.
Model Jury Instruction - A form jury instruction usually approved by a state bar association or similar group regarding matters arising in a typical case. Courts usually accept model jury instructions as authoritative.
The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.