California Civil Jury Instructions (CACI)

5004. Service Provider for Juror With Disability

[Name 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] or in any way involve the [service provider] in your deliberations. 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 of juror].

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

Code of Civil Procedure section 203(a)(6) provides: "All persons are eligible and qualified to be prospective trial jurors, except the following: . . . Persons who are not possessed of sufficient knowledge of the English language, provided that no person shall be deemed incompetent solely because of the loss of sight or hearing in any degree or other disability which impedes the person's ability to communicate or which impairs or interferes with the person's mobility."

Code of Civil Procedure section 224 provides:

(a) If a party does not cause the removal by challenge of an individual juror who is deaf, hearing impaired, blind, visually impaired, or speech impaired and who requires auxiliary services to facilitate communication, the party shall (1) stipulate to the presence of a service provider in the jury room during jury deliberations, and (2) prepare and deliver to the court proposed jury instructions to the service provider.

(b) As used in this section, "service provider" includes, but is not limited to, a person who is a sign language interpreter, oral interpreter, deaf-blind interpreter, reader, or speech interpreter. If auxiliary services are required uring the course of jury deliberations, the court shall instruct the jury and the service provider that the service provider for the juror with a disability is not to participate in the jury's deliberations in any manner except to facilitate communication between the juror with a disability and other jurors.

(c) The court shall appoint a service provider whose services are needed by a juror with a disability to facilitate communication or participation. A sign language interpreter, oral interpreter, or deaf-blind interpreter appointed pursuant to this section shall be a qualified interpreter, as defined in subdivision (f) of Section 754 of the Evidence Code. Service providers appointed by the court under this subdivision shall be compensated in the same manner as provided in subdivision (i) of Section 754 of the Evidence Code.

Secondary Sources

7 Witkin, California Procedure (4th ed. 1997) Trial, §§ 331, 340

27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection, § 322.32 (Matthew Bender)

(Revised April 2004)