PATTERN CRIMINAL JURY INSTRUCTIONS – FEDERAL JUDICIAL CENTER 1988
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        5     Cautionary Instruction, First Recess
        6     Discharge Of Defense Counsel During Trial
        7     Judicial Notice
        8     Summaries Of Records As Evidence

PATTERN CRIMINAL JURY INSTRUCTIONS – FEDERAL JUDICIAL CENTER 1988

5 Cautionary Instruction, First Recess

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16.2.4.4 Repetition Of Adjournment/Separation Admonition

We are about to take our first break during the trial and I want to remind you of a few things that are especially important. Until the trial is completed, you are not to discuss this case with anyone, whether members of your family people involved in the trial, or anyone else; that includes your fellow jurors. If anyone approaches you and tries to discuss the trial with you, please let me know about it immediately. Also, you must not read or listen to any news reports of the trial. Finally, remember that you must not talk about anything with any person who is involved in the trial even something that has nothing to do with the trial.

If you need to speak with me about anything, simply give a note to the marshal to give to me.

I may not repeat these things to you before every break that we take, but keep them in mind throughout the trial.

PATTERN CRIMINAL JURY INSTRUCTIONS – FEDERAL JUDICIAL CENTER 1988

6 Discharge of Defense Counsel During Trial

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18.1.1 Self Representation Instructions

PATTERN CRIMINAL JURY INSTRUCTIONS – FEDERAL JUDICIAL CENTER 1988

7 Judicial Notice

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24.2.4 What Is Evidence: Judicial Notice

Even though no evidence has been introduced about it, I have decided to accept as proved the fact that [e.g.: the city of San Francisco is north of the city of Los Angeles]. I believe that this fact is of such common knowledge [or alternative justification per FRE 201(b)(2)] that it would be a waste of our time to hear evidence about it. Thus, you may treat it as proved, even though no evidence was brought out on the point. Of course, with his fact, as with any fact, you will have to make the final decision and you are not required to agree with me.

The committee recommends that the instruction regarding judicial notice be given at the time notice is taken.

FRE 201(g) creates a difficult dilemma for trial judges. At the threshold, the trial judge must determine that a fact is sufficiently undisputed to be judicially noticed. Yet, the judge must then advise the jurors that they can disagree with his or her conclusion.

PATTERN CRIMINAL JURY INSTRUCTIONS – FEDERAL JUDICIAL CENTER 1988

8 Summaries of Records as Evidence

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25.3 Charts, Summaries, Etc.

The committee recommends that no instruction be given because it is now clear that under FRE 1006 the summary itself is evidence. See United States v. Smyth, 556 F.2d 1179, 1184 (5th Cir. 1977).