South Carolina Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

In the event that a jury is unable to reach a verdict as required by law, the judge may declare a mistrial, and the case will then have to be tried at another time before another jury.

It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

In South Carolina, it generally takes one year from the date a lawsuit is filed for that case to be called to trial. However, insurance companies often try to delay the process, resulting in cases not being called to trial for 18-24 months. Fortunately, most accident cases settle short of trial.

If the jury cannot reach a verdict, the jury will be considered deadlocked, or hung, and a mistrial will usually be declared by the judge. If a mistrial is declared, the prosecution usually has the ability to take the case to trial again, with a different jury.

However, except in complicated cases, the allowance of note taking by jurors is rare, as all material which may be considered as evidence will be sent to them in their deliberation room for consideration.

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South Carolina Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue