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NDJI - Civil
 
NDJI - Criminal
Overview
  
Overview
     
Following the close of the evidence and any argument, the Judge will instruct the Jury with respect to the function and duties of the Jury and the rules of law to be applied in resolving the issues to be decided. NDCC 28-14-10.

The Judge, in opening remarks to the Jury, should identify the parties by name and give a brief statement as to the nature of the action and the circumstances out of which the litigation arises, indicating the approximate time and place. The will orient the Jury with respect to the instructions that are to follow.

The Judge will then outline with greater particularity the salient facts of the case upon which the Plaintiff predicates the Claim for Relief, specifying the conduct of the Defendent upon which the liability claim is based, and the items of claimed detriment for which damages are sought. This will be followed by a statement of the relief claimed by the Plaintiff.

Next, the Judge will outline the theory of the Defense, specifying with particularity the salient facts upon which the Defendent relies to defeat the Plantiff's Claim.

If the Defendent pleads a CounterClaim, a Cross-Claim, or a Third-Pary Claim, these in turn will be outlined with an explanation of the Defenses asserted. Legal issues that are solely for determination by the Judge and allegations of Claim or Defense that are unsupported by any evidence will not be outlined to the Jury. It is error for the Judge to submit issues that are unsupported by evidence to the Jury. Barron v. N.Pacific Ry., 113 NW 102 (ND 1907); Schwabel v. First National Bank of Montpelier, 203 NW 236 (ND 1926); Black v. Smith, 224 NW 915 (ND 1929); Schan v, Howard Sober, Inc. 216 NW2d 793 (ND 1974).

For the same reason, it is error to read the pleadings to the Jury. Black, 224 NW 915, Voter v. Newsalt, 225 NW 74 (ND 1929); Hoffer v. Burd, 49 NW2d 282 (ND 1951); Reuter v. Olson, 59 NW2d 830 (ND 1953). This will also keep the Judge alert to the necessity of translating the legalese of the pleadings into the language of the layperson.

Because the pleadings merely serve to frame the issues upon which evidence may be offered and received, the drafting of the explanation as to the nature of the case and the statement of the Claims and Defenses should be reserved until the Judge has a clear conception of the issues upon which evidence has been received. Of necessity, the Judge must skillfully evaluate the evidence received and restate the Claims and Defenses pleaded in light of the evidence adduced. Illustrations, but not a format, are presented here. See AmJur, Trial 625 and 88 CJS, Trial 347; cf. IPI, 20.01, 20.03, and 20.04

After outlining the pleadings, issues, and burden of proof, the Judge will then instruct the Jury on the pertinent rules of law applicable to the Plaintiff's Claim and the Defendent's Defenses.

The Jury is now ready to consider whether the Plaintiff or Defendent should prevail. At this point the Jury should be given an "Alternative Findings" instruction. A number of illustrations of this vital transitional instruction are given. This instruction leads the Jury through the issue of liability. If the Jury determines ("finds") the Defendent liable to the Plaintiff, the Jury then proceeds to the issue of damages, otherwise the case is dismissed.

Following the instructions on damages, the Judge instructs the Jury on the handling of the evidence they have received and finally with regard to their duties in retirement and in the forms of verdict to be considered.

With experience, the Judge will become proficient in the assembly of a clear, concise, and orderly set of instructions. While it is anticipated that modifications in expression or by way of addition or omission may be required, any significant departure from the text should be carefully considered.

In giving an instruction, the heading should also be included. This will make the oral delivery of the instructions more understandable and will assist the Jury in reviewing the instructions in the jury room.
  

In the trial of a criminal action, the Court is required to charge the Jury following the arguments of counsel, unless the Court, for good reasons and in its sound discretion, orders otherwise. NDCC 29-21-01;29-21-02

"Although the Jurors have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the Court." NDCC 29-21-01; NDRCrimP 30.

A well-constructed "charge" should proceed logically and orderly. It should begin with a brief statement of the nature of the action and the accusation, followed by a synopsis of the charging portion of the Information. This should be followed by several "basic" instructins explaining the Presumption of Innocence, the Burden of Proof, Reasonable Doubt, Greater Weight of the Evidence, the pertinent laws governing the crime charged, and any Defenses asserted.

Just as the Jury is given "Alternative Findings" in a civil case, the Court should give an "Essential Elements of Offense" instruction following the statutory description of the crime charged and pertinent definitions and rules prescribed by law.

The "Essential Elements of Offense" instruction should be followed by NDJI K-5.01, an instruction informing the Jurors of their duty in disposing of the issues.

Next the Jurors should be instructed handling the evidence - such as Weight of Evidence and Credibility of Witnesses, Impeachment of Witnesses, and Presumptions. This will be followed by various special instructions, such as Corroboration of Accomplice, Failure of Defendent to Testify, Greater Number of Witnesses, Alibi, Intent, Motive, Limitiations on Statements by Defendent, and the like.

Finally, the Court should instruct the Jurors on handling comments by counsel and the Court, the forms of verdict to be submitted, and the conduct of the Jurors in retirement.

With experience, the Court will become proficient in the assembly of a clear, concise, and orderly set of instructions. While it is anticipated that modification in expression or by way of addition or omission may be required, any significant departure from the text should be carefully considered.

In giving an instruction, the heading should be included. This will make the oral delivery of the instructions more understandable and will assist the Jury in reviewing the instructions in the jury room.