Davis, James v. Meisner, Michael et al

Filing 148

ORDER that Defendants' Motions in Limine (dkt. 125 ) are GRANTED, in part and DENIEDwithout prejudice in part.(2) Plaintiff James Davis's Motions in Limine (dkts. 112 , 124 , 134 ) are GRANTED inpart and DENIED in part. Signed by Magistrate Judge Stephen L. Crocker on 10/12/2017. (Attachments: # 1 Draft Voir Dire, # 2 Draft Introductory Jury Instructions, # 3 Draft Closing Instructions, # 4 Draft Deliberation Instructions, # 5 Draft Special Verdict) (jef),(ps)

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Deliberation Instructions 1. Introduction Members of the jury, now that you have heard the evidence, the law, and the arguments, I will give you instructions that will govern your deliberations in the jury room. The decisions you reach in the jury room must be unanimous. In other words, you must all agree on the answer to each question. Your deliberations will be secret. You will never have to explain your verdict to anyone. If you have formed any idea that I have an opinion about how the case should be decided, disregard that idea. It is your job, not mine, to decide the facts of this case. 2. Selection of Presiding Juror; Communication with the Judge; Special Verdict Form When you go to the jury room to begin considering the evidence in this case you should first select one of the members of the jury to act as your presiding juror. This person will help to guide your discussions in the jury room. You are free to deliberate in any way you decide or select whomever you like as a presiding juror. However, I am going to provide a general suggestion on the process to help you get started. When thinking about who should be presiding juror, you may want to consider the role that the presiding juror usually plays. He or she serves as the chairperson during the deliberations and has the responsibility of insuring that all jurors who desire to speak have a chance to do so before any vote. The presiding 1 juror should guide the discussion and encourage all jurors to participate. I encourage you at all times to keep an open mind if you ever disagree or come to conclusions that are different from those of your fellow jurors. Listening carefully and thinking about the other juror’s point of view may help you understand that juror’s position better or give you a better way to explain why you think your position is correct. Once you are in the jury room, if you need to communicate with me, the presiding juror will send a written message to me. However, do not tell me how you stand as to your verdict, numerically or otherwise, on the issues submitted. As I have mentioned before, the decision you reach must be unanimous; you must all agree. A special verdict form has been prepared. [Court reads the verdict form.] Take this form to the jury room, and when you have reached unanimous agreement on each question on the special verdict form, your presiding juror will fill in, date and sign the form. As I have mentioned before, the decision you reach must be unanimous; you must all agree. When you have reached a decision, the presiding juror will sign the special verdict form, put a date on it, and all of you will return with the verdict into the court. 3. Suggestions for Conducting Deliberations 2 In order to help you determine the facts, you may want to consider discussing one question at a time, and use my instructions to the jury as a guide to determine whether there is sufficient evidence to prove all the necessary legal elements for each claim or defense. I also suggest that any public votes on a verdict be delayed until everyone has a chance to say what they think without worrying what others on the panel might think of their opinion. I also suggest that you assign separate tasks, such as note taking, time keeping, and recording votes to more than one person to help break up the workload during your deliberations. 3

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