Montana Jury Instruction - Modified Allen Charge

State:
Multi-State
Control #:
US-11CRT-6
Format:
Word; 
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Description

This form is a model for an Allen Charge, a statement made to the jury by the Judge when the jury is reporting problems reaching an agreement on a verdict. The text is annotated with cases approving the use of the Allen Charge.

How to fill out Jury Instruction - Modified Allen Charge?

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FAQ

If you are randomly selected to serve on a jury pool, the court will send you a summons 5-6 weeks prior to your potential service date. If you receive a summons while you are away, contact the court and we will defer your service to a time you are back in Montana.

If you miss jury duty without being excused by the Court or Jury Commissioner, you may be ordered to appear before a District Court Judge to explain your absence. At this time, the Court may impose a fine.

If after an additional 15 days the person has not appeared, the clerk must notify the court and the state's attorney of the failure and request action under N.D.C.C. § 27-09.1-07 (3). Persons summoned for jury service must report at the time and place indicated on the summons.

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.

§ 1866(g) prescribes the following sanctions for noncompliance with a jury summons: the imposition of a fine of not more than $1,000, imprisonment for not more than three days, performance of community service, or any combination thereof.

Jurors who fail to show adequate cause for their absence from jury duty can be held in contempt of court under the Jury Selection Act, 28 U.S.C. § 1966(g). Penalties range from a fine of $100 to three days in jail or both.

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Montana Jury Instruction - Modified Allen Charge