21. Jury Instructions

Question 1

How may parties object to juror instructions?

Answer 1

Before judge gives instructions to jury
- Without jury’s presence

After judge gives instructions to jury (by appeal)
- Judge’s failure to give proper instructions must amount to ‘plain error’ (affecting party’s substantial rights - very rare)

Question 2

What are jurors allowed to do (deliberations)?

Answer 2

Inside jury room;

• Bring case documents/exhibits/Juror’s own notes
• NOT engage in experiments

Outside jury room;
- NOT examine case’s locations/property (unless court allows)

Question 3

Can jurors communicate with non-jurors regarding the trial?

Answer 3

No

- Any ‘private’ communication with non-juror/party/lawyer => Serious misconduct (new trial may be required)