Criminal Law

124. Separation Admonition

[You may be permitted to separate during recesses and at the end of the day. I will tell you when to return. Please remember, we cannot begin the trial until all of you are in place, so it is important to be on time.]

Remember, do not talk about the case or about any of the people or any subject involved in it with anyone, including the other jurors. Do not make up your mind about the verdict or any issue until after you have discussed the case with the other jurors during deliberations.

Bench Notes

Instructional Duty

The court has a sua sponte duty to admonish the jury "at each adjournment of the court before the submission of the cause to the jury."


Statutory Authority. Pen. Code, § 1122(b).

Secondary Sources

4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 81, Jury Selection and Opening Statement, § 81.06[1], Ch. 85, Submission to Jury and Verdict, § 85.05[1] (Matthew Bender).

(New January 2006)