California Civil Jury Instructions (CACI) (2017)

5004. Service Provider for Juror With Disability

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5004.Service Provider for Juror With Disability
[Name or number of juror] has been assisted by [a/an] [insert type of
service provider] to communicate and receive information. The [service
provider] will be with you during your deliberations. You may not
discuss the case with the [service provider]. The [service provider] is not a
member of the jury and is not to participate in the deliberations in any
way other than as necessary to provide the service to [name or number
of juror].
All jurors must be able to fully participate in deliberations. In order to
allow the [service provider] to properly assist [name or number of juror],
jurors should not talk at the same time and should not have side
conversations. Jurors should speak directly to [name or number of juror],
not to the [service provider].
[Two [service providers] will be present during deliberations and will
take turns in assisting [name or number of juror].]
New September 2003; Revised April 2004, December 2012
Directions for Use
If this instruction is used, the advisory committee recommends that it be read to the
jury before reading instructions on the substantive law.
Sources and Authority
• Eligibility to Serve as Juror. Code of Civil Procedure section 203(a)(6).
• Service Provider for Juror With Disability. Code of Civil Procedure section 224.
Secondary Sources
7 Witkin, California Procedure (5th ed. 2008) Trial, §§ 320, 330
27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection,
§ 322.32 (Matthew Bender)
1 Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, Ch. 8
Interpreters, 8.31
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) § 14.11 (Cal CJER
2010)
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