CACI No. 5090. Final Instruction on Discharge of Jury

Judicial Council of California Civil Jury Instructions (2023 edition)

Download PDF
Bgcfe
5090.Final Instruction on Discharge of Jury
Members of the jury, this completes your duties in this case. On behalf
of the parties and their attorneys, thank you for your time and your
service. It can be a great personal sacrifice to serve as a juror, but by
doing so you are fulfilling an extremely important role in California’s
system of justice. Each of us has the right to a trial by jury, but that
right would mean little unless citizens such as each of you are willing to
serve when called to do so. You have been attentive and conscientious
during the trial, and I am grateful for your dedication.
Throughout the trial, I continued to admonish you that you could not
discuss the facts of the case with anyone other than your fellow jurors
and then only during deliberations when all twelve jurors were present. I
am now relieving you from that restriction, but I have another
admonition.
You now have the absolute right to discuss or not to discuss your
deliberations and verdict with anyone[, including members of the media].
It is appropriate for the parties, their attorneys or representatives to ask
you to discuss the case, but any such discussion may occur only with
your consent and only if the discussion is at a reasonable time and place.
You should immediately report any unreasonable contact to the court.
If you do choose to discuss the case with anyone, feel free to discuss it
from your own perspective, but be respectful of the other jurors and
their views and feelings.
Thank you for your time and your service; you are discharged.
New June 2013
Directions for Use
In the third paragraph, include the reference to members of the media if the case has
received media attention and coverage.
Secondary Sources
7 Witkin, California Procedure (5th ed. 2008) Trial, § 372
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure,
Ch. 17, Dealing With the Jury, 17.03
California Judges Benchbook: Civil Proceedings - Trial § 14.40 (Cal CJER 2019)
5091-5099. Reserved for Future Use
1472

© Judicial Council of California.