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Connecticut Judicial Branch Civil Jury Instructions

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Connecticut Judicial Branch Civil Jury Instructions Connecticut Judicial Branch Civil Jury Instructions This collection of jury instructions was compiled by the Civil Jury Instruction Committee and is intended as a guide for judges and attorneys in constructing charges and requests to charge. The use of these instructions is entirely discretionary and their publication by the Judicial Branch is not a guarantee of their legal sufficiency. COMMITTEE MEMBERS Hon. Susan Quinn Cobb, Chairperson Hon. Harry E. Calmar Hon. John L. Cordani Hon. John B. Farley Hon. Matthew E. Frechette Hon. Kimberly A. Knox Hon. John D. Moore Hon. Cesar A. Noble Hon. Sheila A. Ozalis Hon. Andrew W. Roraback Hon. James Sicilian Hon. Barry K. Stevens Hon. Thomas J. Welch Prepared by Judge Support Services, Superior Court Operations © 1999-2021. Connecticut Judicial Branch. All rights reserved. ABOUT THESE INSTRUCTIONS This collection of jury instructions was compiled by the Civil Jury Instruction Committee and is intended as a guide for judges and attorneys in constructing charges and requests to charge. The use of these instructions is entirely discretionary and their publication by the Judicial Branch is not a guarantee of their legal sufficiency. In addition to instructions covering the most commonly encountered civil issues, there is also a section for verdict forms. Commentary Footnotes appear in the body of the instruction to reference case law discussing specific language. The Authority section cites to the primary authorities, including case law, statutes, and treatises, for the proposition(s) stated in the instructions. Some instructions have a Notes section, which provides practice tips for using and adapting the instructions. Revisions The revision date indicates the date the Civil Jury Instructions Committee approved the adoption or substantive revision of an instruction. When a minor stylistic change or an update to the commentary is made, but the substantive body of the instruction remains the same, it will be indicated by a parenthetical date for modification. For example, “Revised to January 1, 2008 (modified June 15, 2008)” means that on June 15, 2008, the instruction or its commentary was modified in some minor way that did not affect the substance of the instruction. Formatting Conventions • Bold-faced titles and subheadings are included to make the instructions easier to read and are not part of the instruction. • Angle brackets and italicized text are used to enclose directives to follow in customizing the charge. E.g., <insert name of person injured>. Angle brackets are also used to refer to other instructions that may contain some additional useful information. E.g., <Insert Legal Cause, Instruction 3.1-1.> • Parentheses are used to indicate that a choice between words or phrases is necessary. This is most commonly used for gender-specific pronouns, e.g., (he/she) or (his/her). It is also used when an instruction offers several terms, not all of which may be applicable to the case. If the choices are lengthy, such that stringing them together in a single parentheses would be cumbersome to read, they are separated into a bulleted list. For example, These damages may consist of <include as applicable:> • direct damages (expectation, reliance), • liquidated damages, • consequential damages, • incidental damages, all of which I will explain in a moment. • Square brackets are used to indicate that a portion of the instruction is optional. It will be preceded by an italicized directive defining the circumstances under which the language would be appropriate, unless it is clear from the language itself. For example, [<If the plaintiff has plead in the alternative:> For you to find for the plaintiff under this legal principle, you must first find that there was no written or oral contract expressed in words and no contract implied by conduct for <insert precise issue>. If you find that there was no contract for <insert precise issue> between the parties, you may consider whether the plaintiff is entitled to recover under promissory estoppel.] Note that square brackets in commentary have their common meaning, i.e., the paraphrasing of small portions of quoted material. RECENT CHANGES June 28, 2021 New Instruction The following new instruction was approved by the committee: 3.4-11 Damages - Future Economic Damages - Medical Expenses Revised Instruction The following instruction was revised by the committee: 3.9-33 Strict Liability of One Who Keeps a Dog The committee removed the statute from the body of the instruction and revised the text of the statute and the notes to the instruction to reflect recent statutory amendments. TABLE OF CONTENTS Part 1: Preliminary and Trial Instructions Part 2: General Instructions Part 3: Torts Part 4: Contracts Part 5: Miscellaneous Actions Part 6: Verdict Forms – Samples Prepared by Judge Support Services, Superior Court Operations © 1999-2021. Connecticut Judicial Branch. All rights reserved. PART 1: PRELIMINARY AND TRIAL INSTRUCTIONS 1.1 BEFORE THE START OF EVIDENCE 1.2 DURING EVIDENCE 1.1 BEFORE THE START OF EVIDENCE 1.1-1 Obligation of Juror's Oath 1.1-2 Description of the Order of the Trial 1.1-3 No Deliberations until Completion of Evidence and Charge 1.1-4 Note-Taking 1.1-5 Questions by Jurors 1.1-6 Limitation on Contact with Jurors 1.1-7 Schedule of the Trial 1.1-8 Communications with the Court 1.1-9 Deaf or Hearing Impaired Jurors: Interpreter 1.1-10 Replacement of Regular Juror with Alternate Juror 1.1-11 Use of Interpreter at Trial 1.1.12 Self Representation 1.1-1 Obligation of Juror's Oath Revised to October 11, 2013 A few moments ago you took an oath that will govern your conduct as jurors between the time you took that oath and the time that you are discharged by me after you have rendered a verdict in this case. That oath and the rules of court obligate you to do certain things and to avoid other things. These are called the Rules of Juror Conduct. You were given a copy when you were selected as a juror. Because they are so important, I want to review those with you again. First, you must decide this case based only on the evidence presented here in court and on the law as I will explain it to you. Second, do not make up your minds about what your verdict will be until after you have heard all the evidence, the closing arguments of the attorneys and my instructions on the law, and, after that, you and your fellow jurors have discussed the evidence. Keep an open mind until that time. There are some rules that flow from these obligations, and I'll go over them now. You may not perform any investigations or research or experiments of any kind on your own, either individually or as a group. Do not consult any dictionaries for the meaning of words or any encyclopedias for general information on the subjects of this trial. Do not look anything up on the Internet concerning information about the case or any of the people involved, including the parties, the witnesses, the lawyers, or the judge. Do not get copies of any statutes that may be referred to in court. Do not go to the scenes where any of the events that are the subject of this trial took place or use Internet maps or Google Earth or any other program or device to search for or view any place discussed during the case. Why? Because the parties have a right to have the case decided only on evidence they know about and that has been introduced here in court. If you do some research or investigation or experiment that we don't know about, then your verdict may be influenced by information that has not been tested by the oath to tell the truth and by cross-examination. The same thing is true of any media reports you may come across about the case or anybody connected with the case. If you do come across any reports in the newspaper or a magazine, on TV, or any Internet site or "blog," you may not read or watch them because they may refer to information not introduced here in court or they may contain inaccurate information. You may not discuss the case with anyone else, including anyone involved with this case until the trial is over, and you have been discharged as jurors. "Anyone else" includes members of your family, your friends, your coworkers; if you wish, you may tell them you are serving as a juror, but you may not tell them anything else about the case until it is over, and I have discharged you. You may not talk to any of the court personnel, such as marshals and clerks, about the case. Why is that? Because they haven't heard the evidence you have heard, and in discussing the case with them, you may be influenced in your verdict by their opinions, and that would not be fair to the parties, and it may result in a verdict that is not based on the evidence and the law. You may not communicate to anyone any information about the case. This includes communication by any means, such as text messages, email, Internet chat rooms, blogs, and social websites like Facebook, MySpace, YouTube, or Twitter. The parties are entitled to a fair trial, rendered by an impartial jury, and you must conduct yourself so as to maintain the integrity of the trial process. When you have rendered a verdict and been dismissed by the court, you will be free to discuss the case with anyone you wish, though remember that you are not required to. Until then you must be focused solely on the evidence presented in the courtroom and your obligations to the fairness of the proceeding.
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