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Alabama Pattern Jury Instructions
In a civil trial in Alabama, jury instructions are given by the judge to the jurors at the end of the trial, after all of the evidence has been presented and the closing arguments have been made. The purpose of jury instructions is to inform the jurors of the legal principles and rules that they must apply in reaching their verdict.
Jury instructions typically include a summary of the relevant laws and legal standards that apply to the case, as well as an explanation of the specific issues that the jury must decide. They may also include definitions of key terms or concepts that are relevant to the case.
The purpose of jury instructions is to ensure that the jurors have a clear understanding of the legal issues involved in the case and the applicable law so that they can make a fair and informed decision based on the evidence presented at trial.
General Jury Instructions for Alabama Civil Trials
The following jury instructions are samples of some of the general instructions the judge will likely give the jury in a civil jury trial in Alabama.
These instructions include comments about the role of the judge and jury, the weight to be given to opening statements by lawyers, the taking of evidence, and other matters throughout the trial process.
APJI 1.02 DUTY OF JUDGE AND JURY.
In a jury trial, my role is to move the trial along; to rule on objections and other legal questions; and to explain the law and how you use it to reach a verdict. Your role as jurors is to follow the law as I explain it to you. Your verdict must be based on the facts you decide from the evidence and the law I have explained to you.
APJI 1.03 JURY IS JUDGE OF FACTS.
You are the judges of the facts. You must try to reconcile the testimony of all the witnesses to make them all speak the truth if this can be done reasonably. If you cannot reasonably reconcile all of the testimony, then it is your duty to decide what is true. In so doing you may accept or reject any part of the testimony of any witness, and accept only the testimony you consider worthy of belief.
What Is the Purpose of an Opening Statement?
APJI 1.05 OPENING STATEMENTS BY LAWYERS.
(Name of lawyer) is the lawyer for plaintiff(s) (name of plaintiff(s)). (He/she) will begin the trial by making an opening statement. When (he/she) is finished, the lawyer (name of lawyer) for the defendant(s) (name of defendant(s)) will make an opening statement. An opening statement is intended to give you an outline of the case and to tell you what the lawyer expects the evidence will show.
APJI 1.06 TAKING EVIDENCE.
After the opening statements, witnesses are called to testify. First, (name of plaintiff(s)) will call witnesses, and then (name of defendant(s)) may call witnesses. All witnesses are sworn to tell the truth, and their testimony is evidence. Also, exhibits may be put into evidence. At the end of the trial, you will decide the case based upon all of this evidence.
APJI 1.07 INTEREST OF WITNESS.
***This jury instruction addresses witness bias and how the jury should determine whether the testimony of the witness can be trusted.***
When deciding the facts, you should consider the interest any witness may have in the outcome of this case. You may consider the interest or bias a witness may show (may have shown) while testifying. You may consider the behavior and appearance of a witness while testifying. You should also use the same standards you would use in your everyday life when you must decide whether someone is telling the truth. Examine the testimony based on your own experiences and reach a verdict that is based on what you find is true.
APJI 1.08 RULINGS ON EVIDENCE AND OBJECTIONS.
During the trial, I will rule on objections by the lawyers about whether certain evidence can be presented. It is a lawyer’s job to make objections if the lawyer believes that an objection is proper. Do not concern yourself with why I rule as I do, because my ruling is based on rules of law. You must not guess about what the possible testimony or exhibits may have been. If I overrule an objection and allow the evidence, my ruling does not indicate whether you should believe that evidence. You should consider that evidence along with all of the other evidence in the case. You must not consider any evidence that I exclude.
APJI 1.09 LAWYERS’ FINAL ARGUMENTS.
***Also commonly referred to as Closing Arguments, these statements are made by the lawyers for each side at the end of the trial.***
When all the evidence is in, each lawyer will speak to you again in what is called a final argument. In their arguments the lawyers may discuss the evidence, suggest conclusions you should find from the evidence, and suggest what your verdict should be. The plaintiff(s)’s lawyer(s) will argue first. Then the defendant(s)’s lawyer(s) will argue. The law allows the plaintiff(s)’s lawyer(s) to argue last.
APJI 1.10 DUTY OF JURY UPON SUBMISSION.
After the lawyers’ final arguments, I will tell you the rules and the law you must follow to come to a unanimous verdict. When you go back to the jury room select a foreperson to lead your discussion. You will then consider the evidence and decide the case. The foreperson will sign and bring the verdict form back to the court (and announce your verdict).
Can Alabama Jurors Talk About the Case With Friends or Family While the Case Is Going On?
No. Jurors will be instructed not to discuss the facts of the case or the evidence presented with anyone, even their spouse or other close family members, while the trial is in progress.
APJI 1.11 JURORS NOT TO DISCUSS CASE DURING TRIAL.
Until you have heard all of the evidence in the case and have received my instructions, you must not talk about the case with anyone or let anyone talk about it with you. You must keep an open mind and not decide the case until I tell you to decide the case. You must not discuss the case among yourselves or with anyone until the case is over. This means that you must not discuss the case in person, in writing, on the phone, or the Internet. You must not “tweet,” “blog,” or communicate by any other means, anything about the case during the trial and deliberations. If members of your family or friends or anyone else asks you about the case, you should tell them that the judge told you not to discuss it. The lawyers, parties, and witnesses are not allowed to talk to you, and you can’t talk to them during the trial. Even a conversation that has nothing to do with the case would look bad. If the participants in the trial fail to greet you or talk with you during the trial, it is because of this rule.
Are Alabama Jurors Allowed to Independently Investigate the Facts of the Case?
No. Jurors are instructed not to perform any independent research or investigation into the facts of the case or the state of the law during the time that they are evaluating the case and listening to the evidence presented. At the close of the case, after a verdict has been rendered, jurors may look up news articles and other relevant information about the case, but not before reaching a decision in the case.
APJI 1.12 JURORS NOT TO MAKE INVESTIGATION.
You must decide this case based upon the evidence presented in court and the law I give you. No juror should attempt to make an individual investigation of the facts, the law, or of the location(s) testified about. You cannot gather evidence or research the law for yourself or anybody else. You must not investigate the facts, the law, or any party or witness, on the Internet or otherwise, (visit the scene of the accident) (attempt to inspect or examine any object or property unless that object or property has been received in evidence and the inspection is made in the courtroom or in the jury room).
We have learned that some jurors in other cases have tried to research the law or the facts of a case so they can learn more about the case they are hearing. A juror cannot consider facts that are not in evidence. If there is anything about this case or similar cases in the news media or on the Internet, you must not read, listen to, or watch the report. Do not use the Internet or any other method to investigate any aspect of the case. This is because your verdict must be based only on the legal evidence that is presented in the courtroom.
Any juror misconduct can cause your verdict to be thrown out. If you learn that any juror has violated this instruction, you must tell me or one of the attendants about it.
Can Alabama Jurors Ask Witnesses Questions During a Jury Trial?
Yes, although judges do not encourage it. Judges have discretion over whether to allow jurors to submit questions for a witness to answer while giving testimony, but many will allow the jury to submit written questions for a witness if the jury requests to do so.
APJI 1.15 JURORS QUESTIONING WITNESSES.
If you want to ask a witness a question, write it and give it to the court. If it is an allowable question, I will let the witness answer it.
What Will an Alabama Judge Do When the Jurors Are Unable to Reach a Unanimous Verdict?
The judge in a civil jury trial in Alabama will heavily stress the importance of a unanimous verdict, and will likely send the jury back into the deliberation room to spend additional time to try and reach a unanimous verdict. The trial judge has discretion over when and whether to release a jury that is unable to reach a unanimous verdict.
APJI 1.28 INSTRUCTION WHEN JURORS UNABLE TO AGREE.
It is your duty as jurors to make every effort to agree on a unanimous verdict. You must take the time necessary to try to reach a verdict. Trials are expensive and time-consuming, and if you cannot reach a verdict the case will have to be retried. These parties have chosen you to be the jury in their dispute. They deserve your best efforts to reach a verdict and conclude this case. When you return to the jury room, each of you should re-examine the basis of your own opinions. You should ignore any opinion that you came to hastily or through bias or prejudice. Carefully consider your own position and weigh the evidence solely with the purpose of determining the truth. After you have done that you should consult the other jury members. Look at and discuss your differences with a spirit of fairness and consideration and reason together. Of course, during your deliberations, no one should stand out in an unruly, unreasonable, or stubborn way. It is not my purpose to force or convince you to surrender your convictions, if those convictions are honest and founded on the evidence and the law. If your position is based upon stubbornness or not upon a consideration of the evidence and the law, you should set those opinions aside and listen to the positions of your fellow jurors. My purpose is to remind of you your duty to reach a verdict in this case. Please go back to the jury room and deliberate further.
Can an Alabama Judge Give an Opinion About the Facts of a Case?
No. The judge should not tell the jury his or her opinion about any of the particular facts of the case in a civil jury trial. The judge will instruct the jury that they are the only ones who are allowed to make a determination about the facts of the case and should not be influenced by anything the judge says or does in reaching their conclusions about the evidence.
APJI 1.25 JURY NOT TO TAKE CUE FROM JUDGE.
Under our system, I am the judge of the law. You, the jury, are the only judges of the facts. It is up to you to determine whether a witness is telling the truth. I cannot give you my opinion of the case or comment on the evidence. You should not consider any rulings I have made or anything that I have said or done as an indication from me about how you should decide the case.
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