Standing Order Regarding Pretrial & Trial Procedures
U.S. Magistrate Judge Maritza Dominguez Braswell
United States District Court
District of Colorado
Colorado Springs Courthouse
212 N. Wahsatch Ave., Suite 100
Colorado Springs, CO 80903
Ph: 719-575-0328
[email protected]
Revised: July 9, 2025
I. Intro
The Court appreciates the stress and work of trial for all involved. Therefore, it strives to
make the process as streamlined as possible, where it can. At the end of trial, the parties are
encouraged to offer suggestions on how the Court can improve and/or clarify any of its
pretrial and trial processes. Candid feedback is appreciated.
II. Communications with Chambers regarding Trial Preparation
Inquiries to Chambers regarding these procedures and standards may be made by email to
[email protected]. The party reaching out to Chambers must cc all
counsel and pro se parties.
III. Courtroom Procedures and Recording of Proceedings
For information concerning the courtroom and available technology, the parties may contact
the Courtroom Deputy, Elizabeth Lopez Vaughan at
[email protected]. The courtroom is equipped with HDMI and VGA
plug-ins for displaying exhibits. There are monitors at each counsel table, the witness stand,
and in front of the Judge and her clerks. Additionally, there are large screens for juror
viewing in the courtroom.
The Court maintains a recording of all proceedings, but no court reporter shall be assigned
to the trial unless the parties expressly request that one be assigned. The Court cannot
guarantee that a court reporter will be assigned for the entirety of the trial, particularly where
a trial lasts longer than four (4) days. If the parties would like certainty with respect to a live
trial transcript, they can arrange for a reporter themselves. However, the parties should note
that a transcript generated by a privately hired reporter is not part of the official record. For
an official transcript of recorded proceedings, the parties will need to order a transcript from
one of the two court approved transcription companies.
IV. Motions in Limine
Unless the Court sets a specific deadline and page requirement for motions in limine, all
motions in limine shall be filed via CM/ECF no later than ten (10) days in advance of the
Final Pretrial Conference (FPTC), with responses due three (3) days before the FPTC
deadline. Absent leave of Court, each motion shall be limited to five (5) pages, and the
response limited to three
(3) pages. No replies are permitted. Prior to filing a motion in limine, the parties shall confer
with one another, attempt to resolve the contested issues, and obviate the need for the
motion.
V. Motions to Bifurcate Trial
Unless otherwise ordered by the Court, any motion to bifurcate trial must be filed no later
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than twenty-one (21) days before the FPTO is due.
VI. Final Pretrial Conference (“FPTC”)
At least seven (7) days before the scheduled FPTC, the parties shall file a proposed Final
Pretrial Order (“FPTO”), but only after meaningful conferral with one another regarding the
same.
The proposed FPTO shall be filed on the docket, and an editable Word version emailed to
Chambers at
[email protected].
The parties should be prepared to do the following during the FPTC:
• Provide the Court with a meaningful overview of any pending issues that need to be
resolved ahead of trial, along with proposals for resolving those issues.
• Discuss exhibit and witness lists and confirm the parties have begun to meaningfully
confer over authenticity and admissibility of exhibits. If the parties are aware of any
major objections that require resolution before trial, they should confer with respect to
the same and be prepared to discuss them with the Court.
• Confirm the number of days necessary for trial. If either party is requesting more than
five (5) days, be prepared to articulate why.
• Let the Court know if either party needs to offer exhibits in a non-electronic format (the
Court’s preference is electronic).
• Discuss whether any Rule 1006 charts will be necessary or could be helpful.
• Discuss the parties’ intent to offer deposition designations, if any.
• Discuss the jury selection process and address whether a jury questionnaire1 would be
useful.
• Conduct oral argument on motions in limine.
• Discuss whether pre- or post-trial briefs will be necessary, and secure deadlines for
same.
• Ask questions, if any, regarding courtroom technology and logistics. The parties are
encouraged to use the same vendor to reduce the number of people that need to test
tech, and to streamline trial presentation. However, use of the same vendor is not
required.
• Update the Court on the parties’ efforts to resolve the matter and indicate whether
resolution ahead of trial is likely.
• Ask for a TPC date, if one has not already been set.
VII. Pretrial Submissions & Deadlines
A. Exhibit List & Exhibits
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A written set of high-level questions that asks potential jurors for basic information and helps streamline
voir dire.
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1. The parties must confer and use the form in Appendix A to prepare their joint
Exhibit List.
2. The parties must confer and stipulate as to authenticity and admissibility
wherever possible. The Court expects objections to authenticity only in rare
circumstances.
3. A final joint Exhibit List, in the form of Appendix A, must be filed via CM/ECF
no later than four (4) days before the TPC.
4. One USB flash drive containing all pre-marked exhibits shall be provided to the
Courtroom Deputy on the first day of trial. Each exhibit shall be marked with an
exhibit number that indicates whether it is a Plaintiff or Defendant exhibit.
B. Witness Lists
1. The parties must confer and use the form in Appendix B to prepare their joint
Witness List.
2. Any disagreements regarding witness testimony will be addressed during the
TPC.
3. The joint Witness List, in the form of Appendix B, must be filed via CM/ECF no
later than four (4) days before the TPC.
C. Deposition Designations
1. If any party intends to offer deposition testimony in lieu of a live witness at
trial, the parties shall confer over the same in advance of the FPTC.
2. During the FPTC, the party seeking to designate deposition testimony shall set
forth its reasons and provide a high-level overview of the testimony it seeks to
designate. The opposing party shall have an opportunity to respond, and the
Court will provide guidance to the parties.
3. Based on the Court’s guidance during the FPTC, the parties shall confer,
exchange designations, and attempt to agree on the same. Unless otherwise
ordered by the Court, the parties shall—no later than four (4) days before the
TPC—submit to Chambers by email, a joint Deposition Designation Chart in the
form attached as Appendix C, as well as a hard copy of the deponent’s
transcript, highlighted as follows in a two-party case: (1) the proponent’s
designations shall be highlighted in yellow, (2) the counter designations shall
be highlighted in green. In a case with more than two parties, the parties
shall—during the FPTC—propose an organized approach for multi-party
designations.
D. Joint Case Statements
The parties shall confer and prepare two (2) joint case statements to be submitted to
Chambers by email four (4) days before the TPC:
1. The first joint statement (Joint Case Statement #1) shall be a short and high-
level description of the case for potential jurors.
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2. The second joint statement (Joint Case Statement #2) shall be a description of
the case and a set of uncontested facts that the Court will read to the jury as
part of its preliminary remarks to the jury (“Preliminary Jury Instructions”).
Neither party will offer evidence in either joint statement.
E. Proposed Jury Instructions
The parties shall confer and submit joint jury instructions (“Proposed Jury Instructions”)
to Chambers four (4) days before the TPC. The parties are directed and guided as
follows:
1. The Proposed Jury Instructions shall be submitted to Chambers by email as a
Word document.
2. The Court encourages the use of model instructions and the use of special
interrogatory verdict forms that provide a series of questions/roadmap for each
claim. However, counsel should review everything with a layperson in mind,
and ensure the language is not overly “lawyerly”.
3. The parties shall stipulate to as many instructions as possible. Where the
parties disagree, the Plaintiff shall offer its instruction, and the challenging
party shall state the basis for its objection(s) and provide a competing
instruction. The competing instruction and the basis for the challenge, shall be
set forth immediately below the proposed instruction, in underlined font.
4. During the TPC, the Court will offer preliminary views on the Proposed Jury
Instructions so that counsel have a roadmap to follow during opening and trial.
However, the Court will examine the Proposed Jury Instructions again during
the charging conference. At that time, the parties will have an opportunity to
request changes and state their objections on the record, before the Court
rules on the Final Jury Instructions.
5. The Final Jury Instructions will be read to the jury just before closing
argument, and each juror will be given a copy of the Final Jury Instructions
before deliberation.
F. Jury Verdict Form
The parties shall confer and attempt to agree on a Proposed Jury Verdict Form to
submit to Chambers by email four (4) days before the TPC. If the parties cannot agree
on a joint Proposed Jury Verdict Form, they shall submit competing Proposed Jury
Verdict Forms for the Court to consider and address during the TPC.
VIII. Trial Preparation Conference (“TPC”)
The following items will be addressed during the TPC:
• Final Exhibit List (joint)
• Final Witness List (joint), and length of testimony for each witness
• Deposition Designation Chart (joint)
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• Joint Case Statements (two, both joint)
• Proposed Jury Instructions (joint)
• Proposed Jury Verdict Form(s) (joint if possible, separate if no agreement)
• Proposed Voir Dire Questions (separate)
• Court’s Preliminary Jury Instructions (see Appendix E)
IX. Special Issues for Jury Trials
A. Start and Finish Time
Unless otherwise ordered, the first day will begin at 8am. Every other day, counsel will
be present at 8:30am, and the jury will be called in at 9am. The Court will strive to
dismiss the jury at 4:30 each day, leaving ½ hour at the end of the day for housekeeping
and next-day planning.
B. Juror Materials
Jurors will be allowed a pen and paper for notes during trial, a hard copy of the Final
Jury Instructions during deliberation, and a computer that has exhibits electronically
loaded for easy access during deliberation. Juror notes will be destroyed after the jury is
discharged.
C. Number of Jurors
In a civil trial the Court will impanel 8 jurors, to include one alternate. The alternate will
be excused prior to deliberations.
D. Voir Dire
1. To streamline matters, the Court will conduct initial voir dire of prospective
jurors.
2. After that, and unless otherwise ordered by the Court, each side will conduct
their own voir dire, limited to 15 minutes per side.
3. The parties shall be limited to pre-approved questions and appropriate follow-
up questions to the same and any question asked by the Court or opposing
counsel.
4. Four (4) days before the TPC, each party shall email Chambers a set of
proposed voir dire questions (“Proposed Voir Dire Questions”).
5. If a party seeks to have certain of their Proposed Voir Dire Questions asked by
the Court (to avoid using up their 15 minutes on general inquiries, or for any
other reason), the party must so indicate by underlining the questions it would
prefer to have the Court ask. The Court will consider the request and make a
determination before trial begins.
6. Counsel are cautioned against improper questions during voir dire, including
but not limited to questions that:
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a. Concern personal matters that are irrelevant to the case, such as inquiry
into a prospective juror’s political affiliations.
b. Overreach on family members. If inquiring about family members,
questions must be limited to immediate family or people living in the
same household.
c. Would force a potential juror to prejudge or weigh specific evidence in
the case.
d. Seek to elicit a decision on a set of specific hypothetical facts.
e. Are intended to plant seeds about inadmissible matters (e.g., how would
you feel if you knew that another jury found that this defendant had to
pay $1 million in a similar case).
E. Impaneling the Jury
1. After voir dire, the Court will hear cause challenges. No challenges for cause,
or statements that the current panel is acceptable, shall be made in front of
prospective jurors. All such discussion will occur at sidebar.
2. If a juror(s) is excused for cause, replacement juror(s) will be called to the jury
box and the Court will conduct brief questioning then give counsel an
opportunity for brief follow up.
3. After all cause challenges have been resolved, each side will be allowed to
make 3 peremptory strikes. The Court will provide the parties with a Court-
prepared strike list.
4. Any Batson challenges must be made at the conclusion of all preemptory
strikes, and immediately before the jury is seated and sworn.
5. Once the jury is impaneled, the Courtroom Deputy will administer the oath and
the Court will read the Preliminary Jury Instructions (see Appendix E). These
remarks will instruct the jury as to their obligations, outline ground rules during
trial, describe the case, and inform them of any fact stipulations submitted by
the parties in the form of Joint Case Statement #2, described above.
6. The Courtroom Deputy will then escort the jury to the jury room and distribute
the Juror Code of Conduct, as well as pen and paper for use during trial.
7. A rough script and outline of the Court’s approach to impaneling the jury is
attached as Appendix E.
F. Local Civil Rule 47.2. allows the Court to issue an order authorizing counsel to
communicate with members of the jury at the conclusion of the trial. Any such motion
must be made prior to the last day of trial, and outside the presence of the jury. If the
Court grants the motion, the intent of any such order will be to provide counsel with a
learning opportunity to improve their trial skills for future cases. Any such order is not
intended to allow counsel to test the validity or consistency of the jury’s verdict.
Communications with the jury pursuant to any such order will occur off the record, in
the courtroom, with the Judge present. Jurors will be asked if they would like to stay,
but they will not be required to stay.
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X. Special Issues for Bench Trials
A. In trials to the Court, the parties shall—no later than seven (7) days before the FPTC—
file via CM/ECF (with a Word version to Chambers) preliminary proposed findings of fact
and conclusions of law, as follows:
1. Proposed Findings of Fact (Joint). To the extent possible, the parties shall
stipulate to the material facts. If the parties cannot agree on a particular fact,
the proponent of a fact shall offer its proposed material fact, and the
challenging party shall set forth its challenge immediately below the proposed
fact in underlined font. The challenging party shall identify itself and the basis
for the challenge.
2. Proposed Conclusions of Law (Individual). The parties shall each submit
proposed conclusions of law. The parties do not need to confer or agree on
these. However, any facts relied upon in a party’s Proposed Conclusions of
Law, must be supported by a cite to the joint Proposed Findings of Fact.
B. In trials to the Court, a resume and/or curriculum vitae, marked and introduced as an
exhibit, generally will suffice for the determination of an expert witness’s qualifications.
C. No later than ten (10) days after the conclusion of a bench trial, the parties shall file via
CM/ECF, and submit a Word version by email to Chambers, a revised version of their
joint Proposed Findings of Fact, as well as each of their Proposed Conclusions of Law.
Additionally, each party shall attach a Proposed Order and/or Judgment to their
Proposed Conclusions of Law.
XI. Trial
A. Absent leave of Court, opening is limited to 25 minutes, and closing is limited to 35
minutes. However, the Court encourages and appreciates shorter openings and closings
where possible.
B. Pre-trial rulings are not self-executing. Counsel must make their objection(s) at trial for
the Court to enforce a pretrial ruling that excludes certain evidence. Such objection(s)
must be made unless and until the Court directs the objecting party that no further
objections on that particular issue will be necessary to preserve the record.
C. At the end of each day, counsel shall confer with each other and the Courtroom Deputy,
to ensure the record is clear on which exhibits were admitted that day.
D. All parties, counsel, and witnesses must speak directly into a microphone to ensure the
record captures the statement. If a court reporter is present, please be mindful of the
reporter’s inability to capture speech that is too fast, too quiet, or interrupted.
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E. As noted above, the Court will reserve time at the end of each day for next-day planning.
Any motions to exclude witnesses under Rule 615, need to be made at that time.
F. Other
1. All parties and counsel will stand when the jury leaves the courtroom and when
the jury returns.
2. The Court views its staff, the U.S. Marshals, and courtroom security officers,
as an extension of the Court during trial. It expects all parties, counsel, and
witnesses to treat everyone with dignity and respect. Our Colorado Springs
courtroom is small and does not offer the same comforts of other courtrooms.
Grace and patience are appreciated.
3. A small courtroom means every side conversation and movement in the
courtroom has the potential to be loud and disruptive. Everyone should do
their best to move about and communicate with each other in a way that
causes the least amount of disruption while a witness is on the stand or a
party is making an argument.
4. All mobile devices must be turned off or on silent.
5. The Court has accommodated requests for “war rooms” by offering clerk
offices during trial. They are small, but allow counsel, parties, and witnesses a
private space for breaks and/or lunch orders. If counsel would like access to
these offices, they must make their request during the TPC.
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APPENDIX A – Exhibit List Template
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. XX-cv-XXXXX-MDB
XXX YYY,
Plaintiff,
v.
XXX YYY,
Defendant.
JOINT EXHIBIT LIST
EX. PROPONENT DESCRIPTION STIPULATED STIPULATED OBJECTION (IF
NO. OF EXHIBIT AUTHENTIC? ADMISSIBLE? ANY)
P_001 Plaintiff Yes/No Yes/No
P_002 Plaintiff Yes/No Yes/No
P_003 Plaintiff Yes/No Yes/No
D_001 Defendant Yes/No Yes/No
D_002 Defendant Yes/No Yes/No
Submitted this XX day of XX, 2025.
[Signature Blocks]
APPENDIX B – Witness List Template
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. XX-cv-XXXXX-MDB
XXX YYY,
Plaintiff,
v.
XXX YYY,
Defendant.
JOINT WITNESS LIST
WITNESS PARTY CALLING ESTIMATED TIME ESTIMATED TIME
WITNESS ON DIRECT ON CROSS
Witness 1 Plaintiff 30 minutes 30 minutes
Witness 2 Plaintiff 2 hours 1 hour
Witness 3 Defendant 15 minutes 5 minutes
Witness 4 Defendant 3 hours 1 hour
Submitted this XX day of XX, 2025.
[Signature Blocks]
APPENDIX C – Deposition Designation Chart
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. XX-cv-XXXXX-MDB
XXX YYY,
Plaintiff,
v.
XXX YYY,
Defendant.
JOINT DEPOSITION DESIGNATION CHART
PROPONENT WITNESS PAGE & LINE OBJECTION (if any) COUNTER PAGE
AND LINE (if any)
Plaintiff Witness 1 XX:YY–ZZ
Plaintiff Witness 2 XX:YY–ZZ
Plaintiff Witness 3 XX:YY–ZZ
Defendant Witness 4 XX:YY–ZZ
Submitted this XX day of XX, 2025.
[Signature Blocks]
Appendix D - Summary of Required Submissions
Item Deadline Form of Submission
Motion to Bifurcate Trial 21 days before FPTO CM/ECF
deadline
Motions in Limine 10 days before FPTC CM/ECF
(response due 3 days
before FPTC, no reply)
FPTO (Joint) 7 days before FPTC PDF via CM/ECF and Word
version to Chambers Email
Exhibit List (Joint) 4 days before TPC CM/ECF
Witness List (Joint) 4 days before TPC CM/ECF
Joint Case Statement #1 (Joint) 4 days before TPC Word via Chambers Email
Joint Case Statement #2 (Joint) 4 days before TPC Word via Chambers Email
Proposed Jury Instructions (Joint) 4 days before TPC Word via Chambers Email
Proposed Jury Verdict Form (Joint, if 4 days before TPC Word via Chambers Email
possible)
Proposed Voir Dire Questions 4 days before TPC Word via Chambers Email
(Separate)
Computer w/ exhibits that were Before deliberations Physical submission to
entered during trial (Joint) Courtroom Deputy
Pre-Marked Exhibits Loaded onto 1st Day of Trial Physical submission to
USB Flash Drive (Joint) Courtroom Deputy
APPENDIX E– Draft Script
Intro, Voir Dire, & Preliminary Jury Instructions
(Civil)
Note to Parties/Counsel: The following is a draft script subject to modification at any time. The Court
shares this draft to give counsel and the parties a better sense of the proceedings and an opportunity
to anticipate how their pretrial submissions will be used during the first day of trial. However, the Court
may adjust at any time based on the facts and circumstances surrounding a case, and while the Court
will do its best to give counsel advance notice, that may not always be possible.
I. Introductory Remarks to Potential Jurors
Good Morning. This is the United States District Court for the District of Colorado. I’m USMJ MDB and
I’m the judge assigned to preside over this case.
Serving on a jury is a critical part of the justice system. As citizens of the United States, we have a
responsibility and duty to make the sacrifices necessary to sustain this truly remarkable system. Your
appearance here today represents an important commitment to our system of justice. It takes all of
us—the working and retired, people of all ages, those with children and those without, corporate
executives and students with entry level positions. This system cannot survive if it depends only on
those who have the time and an inclination to serve as jurors.
For many of you this may be your first experience with jury duty, and some of you may be nervous and
anxious as a result. I want you to know that I’m going to do my very best to make this experience as
painless as possible. If you are selected to serve, I think you’ll walk away from trial feeling it has been
one of the most interesting and challenging experiences you’ve had.
Your service as a juror is an opportunity to make a difference. During your deliberations you’ll have the
opportunity to exercise an extraordinary amount of power and authority. Whatever you decide will have
real world consequences for real life parties.
The case here is a civil case, not a criminal case. No one in this case has been charged with a
crime. This is a lawsuit filed by [insert Joint Case Statement #1, subject to modifications].
The Court will give each attorney an opportunity to introduce themselves and their respective clients
and it will introduce CRD, clerks, CSOs, etc
II. Explanation of Process
I want to briefly explain the method we will use to select the jury that will hear and decide this case.
Fourteen members of the panel will be called into the jury box. After the first fourteen members of the
panel are in the jury box, each of you, regardless of whether you have been called forward to sit in the
jury box, will take an oath that you will carefully consider and truthfully respond to all questions you are
asked about your ability to serve as a juror in this case.
After the oath is administered, I and the attorneys will ask you questions about your ability to be fair
and impartial jurors. If you are in the box, you should answer carefully and fully. And if you’re not in the
box with the first group called, please listen closely to all that is said because you may be asked to sit in
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the jury box before jury selection is completed, and I will ask you if you have anything to share based
on previous questions.
After the questioning has been completed, each side will excuse three members of the panel without
stating a reason. This leaves a jury of eight to try the case. Do not be embarrassed or consider it a
reflection on you if you are one of those excused. It is simply part of the process.
First 14 will be called to the box and oath administered.
III. Court’s Questions to Potential Jurors
I’m going to ask the entire group of you a series of questions that can be answered yes or no. If your
answer to a question is “NO” you don't need to do or say anything. However, if your answer to a
question is “YES,” please raise your hand. My questions are not designed to offend or embarrass; if
they do, I apologize in advance.
My questions will be directed to the panel of 14 jurors sitting in the jury box, but remember, those in
the gallery should also listen closely and take notes of anything you think the Court should know if you
are called into the box.
For the 14 in the box, if you wish to modify or supplement a previous response you made, please speak
up. If you wish to respond to a previous question that passed you by without giving a response, please
speak up. If the question applies to you, and you have something to say about it, but you feel the
matter is too personal to disclose to the whole room, just let me know and you may come to the bench,
where only the lawyers and I will hear what you have to say. If you’re in the jury box and you do not
raise your hand, I will assume your answer to a particular question is “NO.”
Remember you have taken an oath to answer each question truthfully and completely.
Hardship Questions
The first question is whether this trial will present an undue hardship for you. And I emphasize that
adjective—undue. Excuses based on grounds of undue hardship are very limited & granted only in
exceptional instances.
This trial is set for days, meaning this trial is expected to conclude . The hours for
trial will be 8:45 a.m. until about 4:30 p.m. or bit thereafter. We will take mid-morning and mid-
afternoon breaks of about 15 minutes each, in addition to a lunch break. Recognizing that I will not and
indeed, cannot, excuse you simply because it is an inconvenience for you to be here:
1. Is there anyone who is asking to be excused on the grounds of undue hardship? [explain]
2. Do any of you have any physical limitations that might hamper your ability to serve as a juror,
such as impaired hearing or eyesight, or back or other problem that would make it difficult to
remain seated for up to 2 hours at a time?
3. Since we will be starting each trial day promptly at 9, I need and expect all jurors to be present
in the jury deliberation room and ready to go no later than 8:45. Do any of you live at such a
distance from the courthouse that being in the jury room each day by 8:45 will present a
significant problem?
General Questions
Remember, raise your hand if your answer is “YES.” Do nothing if your answer is “NO”:
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1. Do any of you know or have you had any interaction with the Plaintiff [or any member of
family/company/etc]?
2. Do any of you know or have you had any interaction with the attorneys for Plaintiff, their
assistants, or any member of their staff or families?
3. Do any of you know or have you had any interaction with the Defendant [or any member of
family/company/etc]?
4. Do any of you know or have you had any interaction with any of the attorneys for the
Defendants, their assistant, or any member of their staffs or families?
5. Have any of you ever been employed by [company, if any]?
6. In addition to the people I’ve already asked you about, you may hear testimony from some or all
of the following people during the course of this trial. Please listen carefully and please raise
your hand after I’m done listing the names if you know any of these possible witnesses or a
member of their families, either socially or professionally: [Read from the joint Witness List]
7. Are there any life experiences, personal beliefs, or moral practices that I should know about that
could impact the Plaintiff’s case or the Defendant’s case from starting out on equal ground?
Specific Questions
This section will be based on the Court’s own assessment of important questions, and will incorporate
some or all of the parties’ requested questions as underlined in each of their Proposed Voir Dire
Questions
IV. Voir Dire – 15 minutes per side
Unless otherwise ordered, each side will have 15 minutes for voir dire, based on pre-approved
questions submitted in their Proposed Voir Dire Questions
V. Challenges for Cause
Court will invite counsel to the bench, make determinations, then excuse challenged jurors.
VI. Court Questions for Replacement Jurors
1. Do you have an extreme and undue hardship which would preclude you from serving as a juror
in this case?
2. I assume you heard and paid close attention to the questions the lawyers and I have asked so
far. Were there any questions as to which you would have raised your hand? [Explain]
3. Have you ever served on a jury in a prior case?
4. Have you ever been a plaintiff or defendant in a civil suit, or a defendant in a criminal case?
5. Is there anything about your life experiences, or your deep-felt views and opinions, which might
prevent you from being fair & impartial to both sides in this case?
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6. Is there something about you which in fairness you believe one or both of the parties should
know, so they can fully assess whether you can be a fair and impartial juror in this case?
VII. Explanation of Peremptory Challenges
By law each side may excuse a prescribed number of prospective jurors without stating a reason.
These excuses are called peremptory challenges. This process has long been an important part of our
American system of justice and is fair to both sides. If you are excused, please do not feel offended or
feel that your honesty or integrity is being questioned in any way.
At this time, I will ask Ms. Vaughan to pass the Strike List to counsel.
After Strike List is complete, counsel will provide same to CRD.
If I read your name, that means you will be serving on the jury for this matter and you should remain
seated.
Court will read 8 names.
If you did not hear your name called, that means you will not be serving on this jury. For the six
persons in the jury box whom I did not name, as well as the remaining folks in the gallery, thank you
for your attendance here today. Even though you’re being excused, your willingness to serve on our
jury plays a critical role in our system of justice.
VIII. Oath, Obligations, & Preliminary Jury Instructions
A. At this time, I would like the remaining jurors to please stand.
CRD administers oath
B. Obligations & Limitations
1. Your job will be to decide this case based solely on the evidence presented during the
trial and the instructions I will give you.
2. You will not be investigators or researchers, so do not attempt to gather any information
about this case on your own.
a. Do not read or do research about this case or the issues in the case from any other
source, including the internet. You may not use Google, Bing, Yahoo, TikTok, FB,
Instagram, Snapchat, ChatGPT, or any other search tool to learn about any person,
place, or thing that is involved in this case.
b. Do not read about this case in newspapers, magazines, or any other publications.
c. Do not listen to any podcasts or television or radio broadcasts about the trial.
d. Do not consult dictionaries; medical, scientific, or technical publications; religious
books or materials; or law books.
e. You are free to use the internet, but only for purposes unrelated to this case. Do not
search for or receive any information about the parties, the lawyers, the witnesses,
the judge, the evidence, or any place or location mentioned. Do not research the law.
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Do not look up the meaning of any words or scientific or technical terms used. If
necessary, I will give you definitions of words or terms.
3. If you were to violate this rule by receiving outside information about the case, it could
force me to declare a mistrial, meaning that the trial would have to start over, and all of
the parties’ work, my work, and your work on this case would be wasted. Therefore, it is
very important that you not receive outside information about this case, whether it
comes from other people or the internet.
4. You are also not allowed to visit any place involved in this case. If you normally travel
through such a place, you should try to take a different route until I tell you that your
jury service is completed. If you cannot take a different route, you must not stop or
attempt to gather any information from that location.
5. Until I tell you that your jury service is complete, do not communicate about the case
with anyone, including family and friends, whether in person or by telephone, cell phone,
smart phone, computer, internet, or any internet service. This means you must not
email, text, instant message, tweet, blog, or post information about this case, or about
your experience as a juror on this case, on any social media, website, listserv, chat
room, or blog.
6. When Court is not in session, you may communicate about anything other than this
case. You may tell others that you are on jury duty and that you cannot talk about this
duty until your service is completed, and you may tell them the estimated schedule of
your jury duty, but do not tell them anything else about the case.
7. If anyone tries to communicate with you about anything concerning the case, you must
stop the communication immediately and report it to the Courtroom Security Officers,
who will notify me.
C. Preliminary Jury Instructions
I will now read you some of the instructions that may apply in this case. These are preliminary
instructions about the law and may not be exactly the same as the final instructions about the
law which I will give you at the end of the case to use in your deliberations. If there is any
difference between the preliminary and final instructions, you must follow and be governed by
the final instructions in deciding the case.
Burden of Proof and Preponderance of Evidence–Defined
1. The plaintiff has the burden of proving its claims by a preponderance of the evidence.
2. The defendant has the burden of proving its affirmative defenses by a preponderance of the
evidence.
3. To prove something by a “preponderance of the evidence” means to prove that it is more
probably true than not.
4. “Burden of proof” means the obligation a party has to prove its claims or defenses by a
preponderance of the evidence. The party with the burden of proof can use evidence
produced by any party to persuade you.
5. If a party fails to meet its burden of proof as to any claim or defense or if the evidence
weighs so evenly that you are unable to say that there is a preponderance on either side,
you must reject that claim or defense.
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Evidence in the Case
6. The evidence in the case consists of the sworn testimony of all the witnesses, all exhibits
which have been received in evidence, all facts which have been admitted or agreed to, and
all facts and events which have been judicially noticed.
7. When the Court declares it has taken judicial notice of some fact or event, a jury must
accept that fact or event as proved.
8. In deciding the facts, you must consider only the evidence actually received during trial.
9. Evidence offered at trial and rejected or stricken by the Court must not be considered by
you.
10. Statements, remarks, arguments, and objections by counsel and remarks of the Court not
directed to you are not evidence.
11. You may draw reasonable inferences from the evidence received at trial. An inference is a
conclusion that follows, as a matter of reason and common sense, from the evidence.
12. Evidence may be either direct or circumstantial. Circumstantial evidence is the proof of facts
or circumstances from which the existence or nonexistence of other facts may reasonably
be inferred. All other evidence is direct evidence. The law makes no distinction between the
effect of direct evidence and circumstantial evidence.
13. The weight of evidence is not necessarily determined by the number of witnesses testifying
to a particular fact.
14. Certain testimony may be summarized and read, video recorded and introduced, and/or
audio recorded and introduced into evidence from a deposition. A deposition is testimony
taken under oath before the trial. You are to consider that testimony or summary of
testimony as if it had been given by the witness from the witness stand.
15. The lawyers may highlight certain parts of some documents/exhibits. However, it is for you
to determine the significance of the highlighted parts.
Sympathy and Prejudice
16. You must not be influenced by sympathy, bias, or prejudice for or against any party in this
case.
Expert Testimony
17. A witness qualified as an expert by education, training, or experience may state opinions.
You should judge expert testimony just as you would judge any other testimony. You may
accept it or reject it, in whole or in part. You should give the testimony the importance you
think it deserves, considering the witness’s qualifications, the reasons for the opinions, and
all of the other evidence in the case.
Determining Credibility of Witnesses
18. You are the sole judges of the credibility of the witnesses and the weight to be given their
testimony.
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19. You should take into consideration their means of knowledge, strength of memory, and
opportunities for observation; the reasonableness or unreasonableness of their testimony;
the consistency or lack of consistency in their testimony; their motives; whether their
testimony has been contradicted or supported by other evidence; their bias, prejudice, or
interest, if any; their manner or demeanor upon the witness stand; and all other facts and
circumstances shown by the evidence which affect the credibility of the witnesses.
20. Based on these considerations, you may believe all, part, or none of the testimony of a
witness.
Fact Stipulations
21. The parties agree to the following factual stipulations which you should take as a given
during this case: [insert from Joint Statement #2]
IX. Retreat to Jury Room
We’ll now take a recess so Ms. Vaughan can take you back to the jury room and discuss the logistics of
your time with the Court. She’ll distribute the Juror Code of Conduct and pens and paper for notetaking
during the trial. The attorneys and parties are not allowed to talk with you. Please do not consider them
impolite if they pass you in the hallway and do not engage.
X. Instruction for Recess
Some form of this instruction will be given to the jury each time they retreat to the jury room or leave
for the day.
1. When you retreat to the jury room you may discuss the case. However, any discussion
must:
a. Occur in the jury room only.
b. Occur with every juror present. You cannot discuss the case while one or more jurors
are out of the juror room.
c. Be a discussion amongst yourselves, only. You may not discuss it with court staff or
anyone else present.
d. And last, but most important, you cannot form or express an opinion on the outcome
until all the evidence is closed and I have asked you to begin deliberations.
For end of day: reminder not to discuss case with anyone, or read, view, or listen to info re: case on the
internet, social media, etc., and do not visit locations.
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