United States District Court, W.D. Kentucky, Bowling Green Division
instructions will be in three parts: first, general rules
that define and control your duties as jurors; second, the
rules of law that you must apply in deciding whether the
Plaintiff has proven his claim; and third, some rales for
your deliberations. A copy of these instructions will be
available to you in the jury room.
GENERAL RULES CONCERNING JURY DUTY
have two main duties as jurors. The first one is to decide
what the facts are from the evidence that you saw and heard
here in court. Deciding what the facts are is your job, not
mine, and nothing that I have said or done during this trial
was meant to influence your decision about the facts in any
way. Your second duty is to take the law that I give you,
apply it to the facts, and decide if the plaintiff has proven
the defendant liable on the claim by a preponderance of the
my job to instruct you about the law, and you are bound by
the oath that you took at the beginning of the trial to
follow the instructions that I give you, even if you
personally disagree with them. This includes the instructions
that I gave you before and during the trial, and these
instructions. All the instructions are important, and you
should consider them together as a whole. The lawyers have
talked about the law during their arguments. But if what they
said is different from what I say, you must follow what I
say. What I say about the law controls.
these duties fairly. Do not let any bias, sympathy or
prejudice that you may feel toward one side or the other
influence your decision in any way.
must make your decision based only on the evidence that you
saw and heard here in court. Do not let rumors, suspicions,
or anything else that you may have seen or heard outside of
court influence your decision in any way. The evidence in
this case includes only what the witnesses said while they
were testifying under oath; the exhibits that I allowed into
evidence; and the stipulations that the lawyers agreed to.
else is evidence. The lawyers' statements and arguments
are not evidence. Their questions and objections are not
evidence. My legal rulings are not evidence. And my comments
and questions are not evidence.
the trial I did not let you hear the answers to some of the
questions that the lawyers asked. Sometimes I ordered you to
disregard things that you saw or heard, or I struck things
from the record. You must completely ignore all of these
things. Do not even think about them. Do not speculate about
what a witness might have said or what an exhibit might have
shown. These things are not evidence, and you are bound by
your oath not to let them influence you decision in any way.
your decision based only on the evidence, as I have defined
it here, and nothing else.
should use your common sense in weighing the evidence.
Consider it in light of your everyday experience with people
and events, and give it whatever weight you believe it
deserves. If your experience tells you that certain evidence
reasonably leads to a conclusion, you are free to reach that
Credibility of Witnesses
part of your job as jurors is to decide how credible or
believable each witness was. This is your job, not mine. It
is up to you to decide if a witness's testimony was
believable, and how much weight you think it deserves. You
are free to believe everything that a witness said, or only
part of it, ...