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Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form

Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form 2025

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The document provides preliminary instructions to the jury before opening statements in a trial. It emphasizes the jury's role in deciding factual issues based solely on evidence presented during the trial, while the judge will handle legal questions. Jurors are instructed to maintain an open mind, avoid discussing the case or consuming external information about it, and pay close attention to the proceedings. The document also outlines the structure of the trial, including opening statements from lawyers and their final arguments.

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Is the jury selected before opening statements?

After the jury has been selected and sworn, the trial of a case proceeds as follows. An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement.

What does instructions to the jury mean?

Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the one that properly states the law that applies to the case.

What are preliminary jury instructions?

There are a few different types of jury instructions. Preliminary instructions occur at the beginning of a trial and typically inform the jury on the basics of reviewing evidence and other responsibilities.

What are typical jury instructions?

Jury instructions often cover the following issues: Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jurys role in the legal system. Explanation of the burden of proof: a legal concept crucial to the trial system.

What do judges emphasize to jurors during preliminary instructions?

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

What are the preliminary instructions for the jury?

Preliminary instructions occur at the beginning of a trial and typically inform the jury on the basics of reviewing evidence and other responsibilities. During the trial, courts may give limiting instructions that inform jurors how to evaluate specific evidence and curative instructions to correct evidentiary errors.

How to write an opening statement for a jury?

In the opening statement, a lawyer should provide the jury with a theme that will serve as a framework for every piece of evidence the jury hears during the case. The theme should communicate how the evidence will fit together, and why your clients position in the case is the right one.

How do you write jury instructions?

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form 2025

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