Supreme Court of Missouri
en banc

April 27,  2001

Effective January 1, 2002

IN RE: REVISIONS TO MAI-CIVIL
TABLE OF INSTRUCTIONS
MAI 2.01 EXPLANATORY INSTRUCTION FOR ALL CASES
(Instructions – Revision)

ORDER

1. Revisions of previously approved MAI-CIVIL Instructions as listed above, having been prepared by the Committee on Jury Instructions – Civil and reviewed by the Court, are hereby adopted and approved.

2.  The Instructions revised as set forth in the specific exhibits attached hereto must be used on and after January 1, 2002, and may be used prior thereto; any such use shall not be presumed to be error.

3.  It is further ordered that this order and the specific exhibits attached hereto shall be published in the South Western Reporter and the Journal of The Missouri Bar.

Day – to – Day

_______________________________
WILLIAM RAY PRICE, JR.
Chief Justice

2.01 [2002 Revision] Explanatory Instruction for All Cases

(Approved April 27, 2001; Effective January 1, 2002)

(1) GENERAL – JURY INSTRUCTIONS
This instruction and other instructions that I will read to you near the end of the trial are in writing.  All of the written instructions will be handed to you for guidance in your deliberation when you retire to the jury room.  They will direct you concerning the legal rights and duties of the parties and how the law applies to the facts that you will be called upon to decide.
(2) OPENING STATEMENTS
The trial may begin with opening statements by the lawyers as to what they expect the evidence to be.  What is said in opening statements is not to be considered as proof of a fact.  However, if a lawyer admits some fact on behalf of his client, the other party is relieved of the responsibility of proving that fact.
(3) EVIDENCE
After the opening statements, the plaintiff(s) will introduce evidence.1  The defendant(s) may then introduce evidence.  There may be rebuttal evidence after that.  The evidence may include the testimony of witnesses who appear personally in court, the testimony of witnesses who may not appear personally but whose testimony may be read or shown to you, and exhibits such as pictures, documents, and other objects.
(4) OBJECTIONS
There may be some questions asked or evidence offered by the parties to which objection may be made.  If I overrule an objection, you may consider that evidence when you deliberate on the case.  If I sustain an objection, then that matter and any matter I order to be stricken is excluded as evidence and must not be considered by you in your deliberations.
(5) RULINGS OF LAW AND BENCH CONFERENCES
While the trial is in progress, I may be called upon to determine questions of law and to decide whether certain matters may be considered by you under the law.  No ruling or remark that I make at any time during the trial will be intended or should be considered by you to indicate my opinion as to the facts.  There may be times when the lawyers come up to talk to me out of your hearing.  This will be done in order to permit me to decide questions of law.  These conversations will be out of your hearing to prevent issues of law, which I must decide, from becoming mixed with issues of fact, which you must decide.  We will not be trying to keep secrets from you.
(6) OPEN MINDS AND NO PRELIMINARY DISCUSSIONS
Justice requires that you keep an open mind about the case until the parties have had the opportunity to present their cases to you.  You must not make up your mind about the case until all evidence, and the closing arguments of the parties, have been seen or heard.  You must not comment on or discuss with anyone, not even among yourselves, what you hear or learn in trial until the case is concluded and then only when all of you are present in the jury room for deliberation of the case under the final instructions I give to you.
(7) OUTSIDE INFLUENCES
During the trial, you should not remain in the presence of anyone who is discussing the case when the court is not in session.  Otherwise, some outside influence or comment might influence a juror to make up his or her mind prematurely and be the cause of a possible injustice.  For this reason, the lawyers and their clients are not permitted to talk with you until the trial is completed.  Your decision must be based only on the evidence presented to you in the proceedings in this courtroom; and you may not conduct your own research or investigation into any of the issues in this case.
(8) FINAL INSTRUCTIONS
After all of the evidence has been presented, you will receive my final instructions.  They will guide your deliberation of the issues of fact you are to decide in arriving at your verdict.
(9) CLOSING ARGUMENTS
After you have received my final instructions, the lawyers may make closing arguments.  In closing arguments, the lawyers have the opportunity to direct your attention to the significance of the evidence and to suggest the conclusions that may be drawn from the evidence.
(10) DELIBERATIONS
You will then retire to the jury room for your deliberations.  It will be your duty to select a foreperson, to decide the facts, and to arrive at a verdict.  When you enter into your deliberations, you will be considering the testimony of witnesses as well as other evidence.  In considering the weight and value of the testimony of any witness, you may take into consideration the appearance, attitude, and behavior of the witness, the interest of the witness in the outcome of the case, the relation of the witness to any of the parties, the inclination of the witness to speak truthfully or untruthfully, and the probability or improbability of the witness’ statements.  You may give any evidence or the testimony of any witness such weight and value as you believe that evidence or testimony is entitled to receive.
[(11) NOTETAKING
Each of you may take notes in this case, but you are not required to do so.  I will give you notebooks.  Any notes you take must be in those notebooks only.  You may not take any notes out of the courtroom before the case is submitted to you for your deliberations.  No one will read your notes while you are out of the courtroom.  If you choose to take notes, remember that notetaking may interfere with your ability to observe the evidence and witnesses as they are presented.
Do not discuss or share your notes with anyone until you begin your deliberations.  During your deliberations, if you choose to do so, you may use your notes and discuss them with other jurors.  Notes taken during trial are not evidence.  You should not assume that your notes, or those of other jurors, are more accurate than your own recollection or the recollection of other jurors.
After you reach your verdict, your notes will be collected and destroyed.  No one will be allowed to read them.]2