Federal Jury Instructions Resource Page

The Federal Jury Instruction Resource Page highlights the key role of jury instructions on evidence issues. Use the Quick Navigation Links below to find particular jury instructions.

Overview

Importance Of Proper Instructions In Admitting Evidence

jury seatsJury instructions serve an important role on evidence issues. Through jury instructions, the trial court informs and guides the jury on how particular evidence may be considered. See, e.g., FRE 105 (“When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.”). Several case examples underscore the key function of jury instructions on evidence matters.
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Model Federal Civil and Criminal Jury Instructions

By Circuit (Where Available)

Many of the model or pattern federal civil and criminal jury instructions for trial courts in each circuit are available in the table below. Prior versions of the jury instructions are also listed, where available, in the right column. If you are aware of any model federal jury instructions that are not included in the table below, please contact the Federal Evidence Review.

Jump to Jury Instructions for a Particular Circuit: First, Third, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh.

http://federalevidence.com/pdf/JuryInst/8thCircuit.Criminal.JI.2013.pdf
CircuitCurrent InstructionsNotes / Prior Instructions

First Circuit

First CircuitCriminal Jury Instructions

2011 Revisions to the Pattern Criminal Jury Instructions for the District Courts of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine

Prior Instructions:

First CircuitCivil Jury Instructions

2010 Revisions to the Pattern Civil Jury Instructions for the District Courts Of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine (2002 drafts; Updated in 2010)

Third Circuit

Third CircuitCriminal Jury Instructions

Prepared by the Committee On Model Criminal Civil Jury Instructions Within the Third Circuit (2009 version; drafting started in 2004)
Third CircuitCivil Jury Instructions

Prepared by the Committee On Model Criminal Civil Jury Instructions Within the Third Circuit (2009 version; drafting started in 2004)

Fifth Circuit

Fifth CircuitCriminal Jury Instructions

Prepared by the Committee on Pattern Jury Instructions, District Judges Association, Fifth Circuit (Update of 1997 version)
Fifth CircuitCivil Jury Instructions

Prepared by the Committee on Pattern Jury Instructions, District Judges Association, Fifth Circuit

Sixth Circuit

Sixth CircuitCriminal Jury Instructions

Prepared by the Committee on Pattern Criminal Jury Instructions, District Judges Association, Sixth Circuit

No drafted pattern civil jury instructions

Prior Instructions:

Seventh Circuit

Seventh CircuitCriminal Jury Instructions

Prepared by the Committee on Federal Criminal Jury Instructions of the Seventh Circuit

Prior Instructions:

Seventh CircuitCivil Jury Instructions

Prepared by the Committee on Pattern Civil Jury Instructions of the Seventh Circuit

Eighth Circuit

Eighth CircuitCriminal Jury Instructions

Prepared by the Judicial Committee on Model Jury Instructions for the Eighth Circuit

Prior Instructions:

Eighth CircuitCivil Jury Instructions

Prepared by Judicial Committee on Model Jury Instructions for the Eighth Circuit

Prior Instructions:

Ninth Circuit

Ninth CircuitCriminal Jury Instructions

Prepared by the Ninth Circuit Jury Instructions Committee

Ninth CircuitCivil Jury Instructions

Prepared by the Ninth Circuit Jury Instructions Committee

Prior Instructions:

Tenth Circuit

Tenth CircuitCriminal Jury Instructions

Prepared by the Criminal Pattern Jury Instruction Committee of the United States Court of Appeals for the Tenth Circuit

No civil instructions drafted

Prior Instructions:

Eleventh Circuit

Eleventh CircuitCriminal Jury Instructions

Prepared by the Committee on Pattern Jury Instructions of the Judicial Council of the Eleventh Circuit (Updating and extending the 2003 edition)
Eleventh CircuitCivil Jury Instructions

Prepared by the Committee on Pattern Jury Instructions of the Judicial Council of the Eleventh Circuit

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Subject-Area Jury Instructions


Jump to Jury Instructions for a Particular Subject-Area: Trademark, Securities Law, Selected Criminal, Eyewitness Identification, Model Labor and Employment Law, Model Patent, and Juror Use Of Electronic Social Media.

If you are aware of any model federal jury instructions that are not included in the subject-area table below, please contact the Federal Evidence Review.

Latest InstructionsDrafter / Notes

Trademark Instructions

Trademark

Seventh Circuit Pattern Jury Instruction Committee and Trademark Subcommittee

(Seventh Circuit Intellectual Property Model Jury Instructions Project)

Securities Law Instructions

Securities Law

North American Securities Administrators Association

Selected Criminal Jury Instructions

Criminal Tax

United States Department of Justice, Criminal Tax Manual
Excessive Force Cases

2010 Revisions to the Pattern Civil Jury Instructions for the District Courts of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine (2002 drafts; Updated in 2010)
Intercepting Electronic Communications

United States Department of Justice, Computer Crime and Intellectual Property Section
Computer Crime Offenses

United States Department of Justice, Computer Crime and Intellectual Property Section
Criminal

Report of the Subcommittee on Pattern Jury Instructions, Committee on the Operation of the Jury System, Judicial Conference of the United States (1987 Federal Judicial Center publication)

Eyewitness Identification Instructions

Eyewitness Identification

  • In Perry v. New Hampshire, 565 US _, 132 S. Ct. 716 (Jan. 11, 2012) (No. 10-8974), the Supreme Court held, in an eight to one ruling, that the Due Process Clause does not require judicial review concerning the reliability of eyewitness identification which is not arranged by the police and challenged as unduly suggestive. The jury is assigned the role to determine the reliability of the evidence.
  • One of five "protections" in the criminal justice process noted by the Supreme Court includes "jury instructions on both the fallibility of eyewitness identification." Perry, _ U.S. at _.
  • Blog Post: Supreme Court Watch: Perry v. New Hampshire And The Jury's Role In Assessing Identification Evidence.

Model Labor and Employment Law Jury Instructions

Labor and Employment Law

Prepared by the Committee on Pattern Jury Instructions, District Judges Association, Fifth Circuit
Employment Discrimination

2010 Revisions to the Pattern Civil Jury Instructions for the District Courts of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine (2002 drafts; Updated in 2010)
Railroad Employee Personal Injury

2010 Revisions to the Pattern Civil Jury Instructions for the District Courts of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine (2002 drafts; Updated in 2010)
Maritime Employee Personal Injury

2010 Revisions to the Pattern Civil Jury Instructions for the District Courts Of the First Circuit, Prepared by U.S. District Court Judge D. Brock Hornby, of the District of Maine (2002 drafts; Updated in 2010)

Model Patent Jury Instructions

Model Patent Jury Instructions (2010) Federal Bar Association

Model Patent Jury Instructions (2009) The National Jury Instruction Project
Model Patent Jury Instructions for the Northern District of California (Nov. 2007)U.S. District Court for the Northern District of California
Guide to Model Patent Jury Instructions (2007)American Intellectual Property Law Association

Prior Instructions:

Uniform Jury Instructions of Patent Cases in the U.S. District Court for the District of Delaware (1993)U.S. District Court for the District of Delaware
Model Patent Jury Instructions (2009)The National Jury Instruction Project
Patent Infringement (2009)Transamerica Life Insurance, et al. v. Lincoln National Life Insurance (ND Iowa) (No. C 06-110-MWB) (02/02/2009)

Juror Use Of Electronic Social Media

Juror Use Of Electronic Communication Technologies

United States Judicial Conference Committee on Court Administration and Case Management

  • Instruction Example: "You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn, or YouTube. You may not use any similar technology of social media, even if I have not specifically mentioned it here. I expect you will inform me as soon as you become aware of another juror’s violation of these instructions."
  • Former Proposed Model Jury Instruction (December 2009)

Ninth Circuit Model Civil Jury Instructions § 2.14 (Evidence In Electronic Format) (2009)Ninth Circuit Jury Instructions Committee

  • Instruction Example: "The sole purpose of providing the computer in the jury room is to enable jurors to view the exhibits received in evidence in this case. You may not use the computer for any other purpose...."

Ninth Circuit Model Criminal Instruction § 1.8, at 9 (Conduct of the Jury) Manual of Model Criminal Jury Instructions for the District Courts of the Ninth Circuit (2010)

  • Instruction Example: "Do not communicate with anyone in any way and do not let anyone else communicate with you in any way about the merits of the case or anything to do with it. This includes discussing the case in person, in writing, by phone or electronic means, via email, text messaging, or any Internet chat room, blog, website or other feature."

Ninth Circuit Model Criminal Instruction § 2.1, at 17 (Cautionary Instruction - First Recess) (2010) (emphasis added); see also Instruction 7.2 (Consideration of Evidence - Conduct of the Jury) Manual of Model Criminal Jury Instructions for the District Courts of the Ninth Circuit (2010)

  • Instruction Example: "Remember, until the trial is over, do not discuss this case with anyone, including your fellow jurors, members of your family, people involved in the trial, or anyone else, and do not allow others to discuss the case with you. This includes discussing the case in Internet chat rooms or through Internet blogs, Internet bulletin boards, emails or text messaging."

Jury Instructions from Judge Joseph Bataillon: Outside Communications And Research (D. Neb.) (Nov. 2011)
  • Instruction provides in part: "You, as jurors, must decide this case based solely on the evidence presented here within the four walls of this courtroom because the parties must have an opportunity to respond to any information you consider in deciding this case. This means that during the trial you must not conduct any independent research about this case, the matters in the case, and the individuals or corporations involved in the case. In other words, you should not consult dictionaries or reference materials, search the internet, websites, blogs, chat rooms, social networking websites including Facebook, My Space, LinkedIn or YouTube, or use your cell phones, iPhones, text messaging, Twitter or any other electronic tools or devices to obtain information about this case or to help you decide the case."


  • Report: Jurors’ Use of Social Media During Trials and Deliberations: A Report to the Judicial Conference Committee on Court Administration and Case Management (Nov. 2011)

Jury Instructions from Judge Mark Bennett: Conduct of Jurors During Trial (N.D. Iowa) (Nov. 2011)
  • Instruction provides in part: "[D]o not provide any information to anyone by any means about this case until after I have accepted your verdict. That means do not talk face-to-face or use any electronic device or media, such as the telephone, a cell or smart phone, Blackberry, PDA, computer, the Internet, any Internet service, any text or instant messaging service, any Internet chat room, blog, or website such as Facebook, MySpace, YouTube, or Twitter, to communicate to anyone any information about this case until I accept your verdict."
Jury Instructions from Judge Anna J. Brown (D. Or.) (Nov. 2011)
  • Instruction provides in part: "Do not communicate with anyone in any way and do not let anyone else communicate with you in any way about the merits of the case or anything to do with it. This includes discussing the case in person, in writing, by phone or electronic means, via email, text messaging, or any Internet chat room, blog, website or other feature."
Jury Instructions for Judge Leonard Davis: Post-Impaneling Instruction, Pre-Preliminary Instruction on Outside Research and Social Networking Sites (E.D. Tex.) (Nov. 2011)
  • Instruction provides in part: "This also means that if you have a social networking Internet site or tool, like Facebook, MySpace, or Twitter, you should not discuss or even mention the case at all on those sites. Do not post updates about what is going on in the case. Do not send or receive text messages about this case. It is important not only that you be fair and impartial, but that you also appear to be fair and impartial. [¶] Do not make any independent investigation of any fact or matter in this case. Do not learn anything about the case from any other source. Do not watch TV or read the newspaper about this case. Do not use the Internet or Google to find out more information about the case, the parties, or the attorneys in this case. You are to be guided solely by what you see and hear in this trial."
Jury Instructions for Judge Dale Fischer (C.D. Cal.) (Nov. 2011)
  • Instruction provides in part: "Do not Google or otherwise research on the Internet or look up any information about the case or anyone who has anything to do with it, or do any research with any electronic device, including droids, iPhones, iPads, Blackberrys, Palm Pilots, or other mobile web devices. Do not communicate by email, text message, or blog, or by MySpace, Facebook, electronic bulletin board, chat room, message board, or twitter or tweet with anyone, in any way, about this case."
Jury Instructions from Judge William T. Moore, Jr. (S.D. Ga.) (Nov. 2011)
  • Instruction provides in part: "You are not to seek any additional information on the subject matter of this case, the laws in any way related to this case, or any other factual or legal matter that has any connection to this case through the use of the internet, websites, blogs, or any other electronic resource that you can access either through a computer or your cellular telephone. Also, you are not to communicate with anyone concerning this case in any way by using your cell phones, Blackberries, iPhones, or other smart phones or computers, or through the use of Twitter, Facebook, MySpace, LinkedIn, YouTube, Google +, or any other social networking service. It would be a serious violation of your oath to do so."
Jury Instruction from Judge Dan Polster (N.D. Ohio) (Nov. 2011)
  • Instruction provides in part: "[Y]ou absolutely must not try to get information from any other source. The ban on sources outside the courtroom applies to information from all sources such as family, friends, the Internet, reference books, newspapers, magazines, television, radio, a Blackberry, iPhone, Droid or other smart phone, iPad and any other electronic device. This ban on outside information also includes any personal investigation, including visiting the site of the incident giving rise to this case, looking into news accounts, talking to possible witnesses, reenacting the allegations in the Complaint, or any other act that would otherwise affect the fairness and impartiality that you must have as juror."

  • "[Y]ou must not have contact with anyone about this case, other than the judge and court employees. This includes sending or receiving email, Twitter, text messages or similar updates, using blogs and chat rooms, and the use of Facebook, MySpace, LinkedIn, and other social media sites of any kind regarding this case or any aspect of your jury service during the trial. If anyone tries to contact you about the case, directly or indirectly, do not allow that person to have contact with you. If any person persists in contacting you or speaking with you, that could be jury tampering, which is a very serious crime. If anyone contacts you in this manner, report this to my courtroom deputy as quickly as possible."
"The Admonition" Ohio State Bar Association (2010)

  • Instruction Example: "The ban on sources outside the courtroom applies to information from all sources such as family, friends, the Internet, reference books, newspapers, magazines, television, radio, a computer, a Blackberry, iPhone, smart phone, and any other electronic device."



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Selected State Jury Instructions


Jump to Jury Instructions for a Particular State: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Massachusetts, New Hampshire, New York, North Dakota, Oklahoma, Tennessee, Utah, Vermont, Washington, and West Virginia.

If you are aware of any model state jury instructions that are not included in the table below, please contact the Federal Evidence Review.

Latest InstructionsDrafter / Notes
Alaska

Arizona

California

Colorado

Connecticut

  • Civil and Criminal Jury Instruction Committees
Delaware

Florida

Georgia

  • Council of Superior Court Judges of Georgia
Idaho

Illinois

Massachusetts

  • Massachusetts Judicial Branch
New Hampshire

New York

North Dakota

Oklahoma

Tennessee

Utah

Vermont

  • CriminalPattern Jury Instructions (Sept. 2011)
  • Civil Pattern Jury Instructions
Washington

West Virginia

  • Supreme Court of Appeals of West Virginia

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[Pending]

As a reference aid, these links will be provided in the future to help highlight key rules of evidence associated which specific model or suggested instructions.


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Jury Instruction / Evidence Blog Posts

Blog posts from the Federal Evidence Blog addressing aspects of the Federal Rules of Evidence that involve federal jury instructions are available here.



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Federal Rules of Evidence
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