Free Judge Terry L. Wooten - General Civil Jury Instructions - South Carolina

Print

GENERAL CIVIL -- JURY INSTRUCTIONS DUTIES OF JURY TO FIND FACTS AND FOLLOW LAW MEMBERS OF THE JURY, NOW THAT YOU HAVE HEARD ALL THE EVIDENCE AND THE ARGUMENTS OF THE LAWYERS, IT IS MY DUTY TO INSTRUCT YOU ON THE LAW WHICH APPLIES TO THIS CASE. THESE INSTRUCTIONS WILL BE IN THREE PARTS: FIRST, THE INSTRUCTIONS ON GENERAL RULES THAT DEFINE AND CONTROL THE JURY'S DUTIES; SECOND, THE INSTRUCTIONS THAT STATE THE RULES OF LAW YOU MUST APPLY, I.E. WHAT THE PLAINTIFF MUST PROVE TO MAKE HIS/HER CASE; AND THIRD, SOME RULES FOR YOUR DELIBERATIONS. IT IS YOUR DUTY TO FIND THE FACTS FROM ALL THE EVIDENCE IN THE CASE. TO THOSE FACTS YOU MUST APPLY THE LAW AS I GIVE IT TO YOU. YOU MUST FOLLOW THE LAW AS I GIVE IT TO YOU WHETHER YOU AGREE WITH IT OR NOT. AND YOU MUST NOT BE INFLUENCED BY ANY PERSONAL LIKES OR DISLIKES, OPINIONS, PREJUDICES OR SYMPATHY. THAT MEANS THAT YOU MUST DECIDE CASE SOLELY ON THE EVIDENCE BEFORE YOU AND ACCORDING TO THE LAW. YOU WILL RECALL THAT YOU TOOK AN OATH PROMISING TO DO SO AT THE BEGINNING OF THE TRIAL. IN FOLLOWING MY INSTRUCTIONS, YOU MUST FOLLOW ALL OF THEM AND SINGLE OUT SOME AND IGNORE OTHERS; THEY ARE ALL EQUALLY IMPORTANT. YOU MUST NOT READ INTO THESE INSTRUCTIONS OR INTO ANYTHING I MAY HAVE OR DONE ANY SUGGESTION AS TO WHAT VERDICT YOU SHOULD RETURN -- THAT MATTER ENTIRELY FOR YOU TO DECIDE. BURDEN OF PROOF AT THE BEGINNING OF THE CASE, I TOLD YOU THAT THE PLAINTIFF HAS THE BURDEN OF PROVING HIS/HER CASE BY A PREPONDERANCE OF THE EVIDENCE. THAT MEANS THE PLAINTIFF MUST PRODUCE EVIDENCE WHICH, WHEN CONSIDERED IN LIGHT OF ALL THE FACTS, LEADS YOU TO BELIEVE THAT WHAT HE/SHE CLAIMS IS MORE LIKELY TRUE THAN NOT. TO PUT IT DIFFERENTLY, IF YOU WERE TO PUT EACH PLAINTIFF'S AND DEFENDANT'S EVIDENCE ON OPPOSITE SIDES OF THE SCALES, THE PLAINTIFF WOULD HAVE TO MAKE THE SCALES TIP SLIGHTLY ON HIS/HER SIDE. IF A PLAINTIFF FAILS TO MEET THIS BURDEN, THE VERDICT MUST BE FOR THE DEFENDANT. THOSE OF YOU WHO HAVE SAT ON CRIMINAL PROOF BEYOND A REASONABLE DOUBT. THAT IS A REQUIRES MORE PROOF THAN A PREPONDERANCE OF DOUBT STANDARD DOES NOT APPLY TO A CIVIL CASE PUT IT OUT OF YOUR MIND. EVIDENCE CASES WILL HAVE HEARD OF STRICTER STANDARD, I.E., IT EVIDENCE. THE REASONABLE AND YOU SHOULD THEREFORE NOT AND SAID IS A

1

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

(2)

(3)

(4)

2

IT IS FOR YOU TO DECIDE WHETHER A FACT HAS BEEN PROVEN BY DIRECT OR CIRCUMSTANTIAL EVIDENCE. IN MAKING THAT DECISION, YOU MUST CONSIDER ALL THE EVIDENCE IN THE LIGHT OF REASON, COMMON SENSE, AND EXPERIENCE.

3

CREDIBILITY OF WITNESSES IN DECIDING WHAT THE FACTS ARE, YOU MUST CONSIDER ALL THE EVIDENCE. IN DOING THIS, YOU MUST DECIDE WHICH TESTIMONY TO BELIEVE AND WHICH TESTIMONY NOT TO BELIEVE. YOU MAY DISBELIEVE ALL OR ANY PART OF ANY WITNESS'S TESTIMONY. IN MAKING THAT DECISION, YOU MAY TAKE INTO ACCOUNT A NUMBER OF FACTORS INCLUDING THE FOLLOWING: (1) (2) (3) (4) WAS THE WITNESS ABLE TO SEE, OR HEAR, OR KNOW THE THINGS ABOUT WHICH THAT WITNESS TESTIFIED? HOW WELL WAS THE WITNESS ABLE TO RECALL AND DESCRIBE THOSE THINGS? WHAT WAS THE WITNESS'S MANNER WHILE TESTIFYING? DID THE WITNESS HAVE AN INTEREST IN THE OUTCOME OF THIS CASE OR ANY BIAS OR PREJUDICE CONCERNING ANY PARTY OR ANY MATTER INVOLVED IN THE CASE? HOW REASONABLE WAS THE WITNESS'S TESTIMONY CONSIDERED IN LIGHT OF ALL THE EVIDENCE IN THE CASE? WAS THE WITNESS'S TESTIMONY CONTRADICTED BY WHAT THAT WITNESS HAD SAID OR DONE AT ANOTHER TIME, OR BY THE TESTIMONY OF OTHER WITNESSES, OR BY OTHER EVIDENCE?

(5) (6)

IN DECIDING WHETHER OR NOT TO BELIEVE A WITNESS, KEEP IN MIND THAT PEOPLE SOMETIMES FORGET THINGS. YOU NEED TO CONSIDER THEREFORE WHETHER A CONTRADICTION IS AN INNOCENT LAPSE OF MEMORY OR AN INTENTIONAL FALSEHOOD, AND THAT MAY DEPEND ON WHETHER IT HAS TO DO WITH AN IMPORTANT FACT OR WITH ONLY A SMALL DETAIL. THESE ARE SOME OF THE FACTORS YOU MAY CONSIDER IN DECIDING WHETHER TO BELIEVE TESTIMONY. EXPERT TESTIMONY YOU HAVE HEARD TESTIMONY FROM PERSONS DESCRIBED AS EXPERTS. PERSONS WHO, BY EDUCATION AND EXPERIENCE, HAVE BECOME EXPERT IN SOME FIELD MAY STATE THEIR OPINION ON MATTERS IN THAT FIELD AND MAY ALSO STATE THEIR REASONS FOR THE OPINION. EXPERT OPINION TESTIMONY SHOULD BE JUDGED JUST AS ANY OTHER TESTIMONY. YOU MAY ACCEPT IT OR REJECT IT, AND GIVE IT AS MUCH WEIGHT AS YOU THINK IT DESERVES, CONSIDERING THE WITNESS'S EDUCATION AND EXPERIENCE, THE REASONS GIVEN FOR THE OPINION, AND ALL THE OTHER EVIDENCE IN THE CASE.

DEPOSITION TESTIMONY DURING THE TRIAL, TESTIMONY WAS PRESENTED TO YOU THROUGH A DEPOSITION. A DEPOSITION IS THE SWORN, RECORDED ANSWERS TO QUESTIONS ASKED

4

A WITNESS IN ADVANCE OF THE TRIAL. UNDER SOME CIRCUMSTANCES, IF A WITNESS CANNOT BE PRESENT TO TESTIFY FROM THE WITNESS STAND, THAT WITNESS' TESTIMONY MAY BE PRESENTED, UNDER OATH, IN THE FORM OF A DEPOSITION. DEPOSITION TESTIMONY IS ENTITLED TO THE SAME CONSIDERATION AND IS TO BE WEIGHED AND OTHERWISE CONSIDERED BY YOU INSOFAR AS POSSIBLE IN THE SAME WAY AS IF THE WITNESS HAD BEEN PRESENT AND HAD TESTIFIED FROM THE WITNESS STAND IN COURT.

NOTE-TAKING SOME OF YOU HAVE TAKEN NOTES DURING THE TRIAL. REMEMBER THAT THE NOTES ARE FOR YOUR OWN PERSONAL USE. THEY ARE NOT TO BE GIVEN OR READ TO ANYONE ELSE AND THEY ARE NOT TO BE USED IN PLACE OF YOUR MEMORY.

I WILL NOW INSTRUCT YOU ON THE RULES OF LAW THAT APPLY IN THIS CASE. ********** DUTY TO DELIBERATE CHOOSE A FOREPERSON. AS FOREPERSON, YOU WILL PRESIDE OVER THE DELIBERATIONS AND SPEAK FOR THE JURY HERE IN COURT. WHEN YOU RETIRE TO THE JURY ROOM, YOU SHOULD DISCUSS THE CASE WITH YOUR FELLOW JURORS TO REACH AGREEMENT IF YOU CAN DO SO. YOUR VERDICT MUST BE UNANIMOUS. EACH OF YOU MUST DECIDE THE CASE FOR YOURSELF, BUT YOU SHOULD DO SO ONLY AFTER YOU HAVE CONSIDERED ALL THE EVIDENCE, DISCUSSED IT FULLY WITH THE OTHER JURORS, AND LISTENED TO THE VIEWS OF YOUR FELLOW JURORS. DO NOT BE AFRAID TO CHANGE YOUR OPINION IF THE DISCUSSION PERSUADES YOU THAT YOU SHOULD. BUT DO NOT COME TO A DECISION SIMPLY BECAUSE OTHER JURORS THINK IT IS RIGHT. IT IS IMPORTANT THAT YOU ATTEMPT TO REACH A UNANIMOUS VERDICT BUT, OF COURSE, ONLY IF EACH OF YOU CAN DO SO AFTER HAVING MADE YOUR OWN CONSCIENTIOUS DECISION. DO NOT CHANGE AN HONEST BELIEF ABOUT THE WEIGHT AND EFFECT OF THE EVIDENCE SIMPLY TO REACH A VERDICT. IN OTHER WORDS, DO NOT CHANGE YOUR OPINION SOLELY FOR THE SAKE OF REACHING A UNANIMOUS VERDICT. RETURN OF VERDICT

5

AFTER YOU HAVE REACHED UNANIMOUS AGREEMENT ON A VERDICT, YOUR FOREPERSON WILL FILL IN THE FORM THAT HAS BEEN GIVEN TO YOU, SIGN AND DATE IT AND ADVISE THE MARSHAL OUTSIDE YOUR DOOR THAT YOU ARE READY TO RETURN TO THE COURTROOM. COMMUNICATING WITH THE COURT IF IT BECOMES NECESSARY DURING YOUR DELIBERATIONS TO COMMUNICATE WITH ME, YOU MAY SEND A NOTE THROUGH THE MARSHAL, SIGNED BY YOUR FOREPERSON OR BY ONE OR MORE MEMBERS OF THE JURY. NO MEMBER OF THE JURY SHOULD EVER ATTEMPT TO COMMUNICATE WITH ME EXCEPT BY A SIGNED WRITING; AND I WILL COMMUNICATE WITH ANY MEMBERS OF THE JURY ON ANYTHING CONCERNING THE CASE ONLY IN WRITING, OR ONLY HERE IN OPEN COURT. REMEMBER THAT YOU ARE NOT TO TELL ANYONE -- INCLUDING ME -- HOW THE JURY STANDS, NUMERICALLY OR OTHERWISE, UNTIL AFTER YOU HAVE REACHED A UNANIMOUS VERDICT OR HAVE BEEN DISCHARGED.

6