Rule 20. Preliminary Instructions
Effective July 1, 2010
(a) The court shall instruct the jury before opening statements by reading the appropriate instructions which shall include at least the following:
(1) the issues for trial;
(2) the applicable burdens of proof;
(3) the credibility of witnesses and the manner of weighing the testimony to be received;
(4) that each juror may take notes during the trial and paper shall be provided, but note taking shall not interfere with the attention to the testimony;
(5) the personal knowledge procedure under Rule 24;
(6) the order in which the case will proceed;
(7) that jurors, including alternates, may seek to ask questions of the witnesses by submission of questions in writing.
(8) that jurors, including alternates, are permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, as long as they reserve judgment about the outcome of the case until deliberations commence. The court shall admonish jurors not to discuss the case with anyone other than fellow jurors during the trial.
(b) The court shall instruct the jurors before opening statements that until their jury service is complete, they shall not use computers, laptops, cellular telephones, or other electronic communication devices while in attendance at trial, during discussions, or during deliberations, unless specifically authorized by the court. In addition, jurors shall be instructed that when they are not in court they shall not use computers, laptops, cellular telephones, other electronic communication devices, or any other method to:
(1) conduct research on their own or as a group regarding the case;
(2) gather information about the issues in the case;
(3) investigate the case, conduct experiments, or attempt to gain any specialized knowledge about the case;
(4) receive assistance in deciding the case from any outside source;
(5) read, watch, or listen to anything about the case from any source;
(6) listen to discussions among, or received information from, other people about the case; or
(7) talk to any of the parties, their lawyers, any of the witnesses, or members of the media, or anyone else about the case, including posting information, text messaging, email, Internet chat rooms, blogs, or social websites.
(c) It is assumed that the court will cover other matters in the preliminary instructions.
(d) The court shall provide each juror with the written instructions while the court reads them.