M Civ JI 2.14 Reference Documents

You will now be given [ a reference document / reference documents / a notebook ] including [ describe contents, including list of witnesses, relevant statutory provisions, documents ]. [ The parties have stipulated that the contents of the (document / documents / notebook) are admitted as exhibits. ] [ In the event (one / one or more of) the (document / documents / contents of the notebook) (is / are) not admitted, you must disregard (it / them) at the end of the trial. ] You must turn your [ reference document / reference documents / notebook ] over to the bailiff during recesses. The [ reference document / reference documents / notebook ] will be destroyed at the end of the trial.

Note on Use

Jurors may be told that they can write in their notebook. Because jurors may have written in their notebook, any additions to the notebook made during trial should be made by court personnel or the jurors in order to prevent the parties from observing any writings made by the jurors.

Comment

The 2011 adoption of this instruction reflects the amendment to MCR 2.513(E) ordered by the Michigan Supreme Court on June 29, 2011, which became effective September 1, 2011. This amendment gives the court the discretion to authorize or require counsel to provide the jurors with a reference document or notebook. Informing the jurors that the reference document/notebook will be destroyed is consistent with MCR 2.513(H), which provides that the court is to ensure that all juror notes are collected and destroyed at the conclusion of trial.

History

M Civ JI 2.14 was added October 2011.