The committee has adopted the following amended model civil jury instruction effective November 1, 2021.

ADOPTED

M Civ JI 2.06

Jurors to Keep Open Minds

Because the law requires that cases be decided only on the evidence presented during the trial and only by the deliberating jurors, you must keep an open mind and not make a decision about anything in the case until after you have (a) heard all of the evidence, (b) heard the closing arguments of counsel, (c) received all of my instructions on the law and the verdict form, and (d) any alternate jurors have been excused. At that time, you will be sent to the jury room to decide the case. Sympathy must not influence your decision. Nor should your decision be influenced by prejudice or bias regarding disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases.

Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions.

As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

Take the time you need to test what might be reflexive unconscious responses and to reflect carefully and consciously about the evidence. I caution you to avoid reaching conclusions that may have been influenced by unintended stereotypes or associations. You must each reach your own conclusions about this case individually, but you should do so only after listening to and considering the opinions of the other jurors, who may have different backgrounds and perspectives from yours. Working together will help achieve a fair result.

2. [Alternative A] (Before you are sent to the jury room to decide the case, you may discuss the case among yourselves during recesses in the trial, but there are strict rules that must be followed.

First, you may only discuss the case when (a) all of you are together, (b) you are all in the jury room, and (c) no one else is present in the jury room. You must not discuss the case under any other circumstances. The reason you may not discuss the case with other jurors while some of you are not present is that all of you are entitled to participate in all of the discussions about the case.

Second, as I stated before, you must keep an open mind until I send you to the jury room to decide the case. Your discussions before then are only tentative.

Third, you do not have to discuss the case during the trial. But if you choose to do so, you must follow the rules I have given you.)

[Alternative B] (Before you are sent to the jury room to decide the case, you are not to discuss the case even with the other members of the jury. This is to ensure that all of you are able to participate in all of the discussions about the case, and so that you do not begin to express opinions about the case until it has been submitted to you for deliberation.)

Note on Use

The court will choose between Alternative A or B in paragraph 2 based on the court’s decision whether to permit the jurors to discuss the evidence among themselves during trial recesses.

Comment

M Civ JI 2.05 and 2.06 were deleted in October 2011 and combined into a new instruction that was designated M Civ JI 2.06. This action reflected the September 2011 amendment to MCR 2.513(K), which granted the court discretion to permit juror discussion of the evidence during trial recesses. In January 2014, a large portion of M Civ JI 2.06 was transferred to M Civ JI 2.04.

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

History

Adopted October 2011. Amended January 2014. Amended July 2019. Amended November 2021.

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The committee has adopted the following amended model civil jury instruction effective November 1, 2021.

ADOPTED

M Civ JI 3.02

Facts to Be Determined from Evidence

It is your duty to determine the facts from evidence received in open court. You are to apply the law to the facts and in this way decide the case. Sympathy must not influence your decision. Nor should your decision be influenced by prejudice regarding disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases. Our biases often affect how we act, favorably or unfavorably, toward someone.  Bias  can  affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. Witnesses can have the same implicit biases. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties. Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

Comment

The subject matter of this instruction is often covered in greater detail by a number of separate instructions outlining the duties of the jury and admonishing them as to what should not enter into their deliberations. To inform the jury that they are to find the facts from the evidence, and to then apply the law to those facts, is the rule set forth in the Michigan cases. Souvais v Leavitt, 50 Mich 108; 15 NW 37 (1883); Wisner v Davenport, 5 Mich 501 (1858); Erickson v Sovars, 356 Mich 64; 45 NW2d 844 (1959).

The prohibition against sympathy or prejudice is equally applicable to both parties. Moreover, it is sufficient to caution the jury once against allowing sympathy and prejudice to enter into their consideration of the case. Doyle v Dobson, 74 Mich 562; 42 NW 137 (1889).

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

History

M Civ JI 3.02 was SJI 1.01(3). Amended February 1991. Amended July 2019. Amended November 2021.

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The committee has adopted the following amended model civil jury instructions effective November 1, 2021.

ADOPTED

M Civ JI 97.13

Judging Credibility and Weight of Evidence

1. It is your job to decide what the facts of this case are. You must decide which witnesses you believe and how important you think their testimony is. You do not have to accept or reject everything a witness says. You are free to believe all, none, or part of any person’s testimony.

In deciding which testimony you believe, you should rely on your own common sense and everyday experience. However, in deciding whether you believe a witness’s testimony, you must set aside any bias or prejudice you have based on the witness’s disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

2. Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases. Our biases often affect how we act, favorably or unfavorably, toward someone.  Bias  can  affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. Witnesses can have the same implicit biases. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties. Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

Take the time you need to test what might be reflexive unconscious responses and to reflect carefully and consciously about the evidence. I caution you to avoid reaching conclusions that may have been influenced by unintended stereotypes or associations. You must each reach your own conclusions about this case individually, but you should do so only after listening to and considering the opinions of the other jurors, who may have different backgrounds and perspectives from yours. Working together will help achieve a fair result.

3. There is no fixed set of rules for judging whether you believe a witness, but it may help you to think about these questions:

1. Was the witness able to see or hear clearly? How long was the witness watching or listening? Was anything else going on that might have distracted the witness?

2. Does the witness seem to have a good memory?

3. How does the witness look and act while testifying? Does the witness seem to be making an honest effort to tell the truth, or does the witness seem to evade the questions or argue with the lawyers?

4. Does the witness’s age or maturity affect how you judge his or her testimony?

5. Does the witness have any bias or prejudice or any personal interest in how this case is decided?

6. Have there been any promises, threats, suggestions, or other influences that affect how the witness testifies?

7. In general, does the witness have any special reason to tell the truth, or any special reason to lie?

8. All in all, how reasonable does the witness’s testimony seem when you think about all the other evidence in the case?

Comment

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

History

M Civ JI 97.13 was added March 2005. Amended October 2019. Amended November 2021.

M Civ JI 97.19

Jurors Not to Discuss Case

1. Because the law requires that cases be decided only on the evidence presented during the trial and only by the deliberating jurors, you must keep an open mind and not make a decision about anything in the case until after you have (a) heard all of the evidence, (b) heard the closing arguments of counsel, (c) received all of my instructions on the law and the verdict form, and (d) any alternate jurors have been excused. At that time, you will be sent to the jury room to decide the case. Sympathy must not influence your decision. Nor should your decision be influenced by prejudice regarding disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status, or any other factor irrelevant to the rights of the parties.

2. [Alternative A] (Before you are sent to the jury room to decide the case, you may discuss the case among yourselves during recesses in the trial, but there are strict rules that must be followed: First, you may only discuss the case when (a) all of you are together, (b) you are all in the jury room, and (c) no one else is present in the jury room. You must not discuss the case under any other circumstances. The reason you may not discuss the case with other jurors while some of you are not present is that all of you are entitled to participate in all of the discussions about the case.

Second, as I stated before, you must keep an open mind until I send you to the jury room to decide the case. Your discussions before then are only tentative.

Third, you do not have to discuss the case during the trial. But if you choose to do so, you must follow the rules I have given you.)

[Alternative B] (Before you are sent to the jury room to decide the case, you are not to discuss the case even with the other members of the jury. This is to ensure that all of you are able to participate in all of the discussions about the case, and so that you do not begin to express opinions about the case until it has been submitted to you for deliberation.)

Comment

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

Note on Use

The court will choose between Alternative A or B in paragraph 2 based on the court’s decision whether to permit the jurors to discuss the evidence among themselves during trial recesses.

History

M Civ JI 97.19 was added March 2005. Amended November 2015, October 2019. Amended November 2021.

M Civ JI 97.33

Witnesses — Credibility

1. As I said before, it is your job to decide what the facts of this case are. You must decide which witnesses you believe and how important you think their testimony is. You do not have to accept o reject everything a witness said. You are free to believe all, none, or part of any person’s testimony.

2. In deciding which testimony you believe, you should rely on your own common sense and everyday experience. However, in deciding whether you believe a witness’s testimony, you must set aside any bias or prejudice you may have regarding a witness’s disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases. Our biases often affect how we act, favorably or unfavorably, toward someone.  Bias  can  affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. Witnesses can have the same implicit biases. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties. Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

3. There is no fixed set of rules for judging whether you believe a witness, but it may help you to think about these questions:

1. Was the witness able to see or hear clearly? How long was the witness watching or listening? Was anything else going on that might have distracted the witness?

2. Did the witness seem to have a good memory?

3. How did the witness look and act while testifying? Did the witness seem to be making an honest effort to tell the truth, or did the witness seem to evade the questions or argue with the lawyers?

4. Does the witness’s age or maturity affect how you judge his or her testimony?

5. Does the witness have any bias or prejudice or any personal interest in how this case is decided?

6. Have there been any promises, threats, suggestions, or other influences that affected how the witness testified?

7. In general, does the witness have any special reason to tell the truth, or any special reason to lie?

8. All in all, how reasonable does the witness’s testimony seem when you think about all the other evidence in the case?

4. Sometimes the testimony of different witnesses will not agree, and you must decide which testimony you accept. You should think about whether the disagreement involves something important or not, and whether you think someone is lying or is simply mistaken. People see and hear things differently, and witnesses may testify honestly but simply be wrong about what they thought they saw or remembered. It is also a good idea to think about which testimony agrees best with the other evidence in the case.

5. However, you may conclude that a witness deliberately lied about something that is important to how you decide the case. If so, you may choose not to accept anything that witness said. On the other hand, if you think the witness lied about some things but told the truth about others, you may simply accept the part you think is true and ignore the rest.

Comment

The November 2021 amendment added gender identity to the list of things that should not influence the jury’s decision.

History

M Civ JI 97.33 was added March 2005. Amended October 2019. Amended November 2021.

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The Michigan Supreme Court has delegated to the Committee on Model Civil Jury Instructions the authority to propose and adopt Model Civil Jury Instructions. MCR 2.512(D). In drafting Model Civil Jury Instructions, it is not the committee’s function to create new law or anticipate rulings of the Michigan Supreme Court or Court of Appeals on substantive law. The committee’s responsibility is to produce instructions that are supported by existing law.

The members of the Committee on Model Civil Jury Instructions are:

Chair: Hon. Michael F. Gadola

Reporter: Timothy J. Raubinger

Members: Benjamin J. Aloia; Matthew Aneese; Robert L. Avers; Hilary A. Ballentine; Hon. Annette Jurkiewicz-Berry; Matthew J. Boettcher; Hon. Stephen L. Borrello; Hon. Kathleen A. Feeney; William B. Forrest, III; Donald J. Gasiorek; Hon. Michael L. Jaconette; Amy M. Johnston; Hon. Amy Ronayne Krause; Hon. Charles T. LaSata; C. Thomas Ludden; Stefanie R. Reagan; Jennifer B.  Salvatore; Daniel J. Schulte; Judith A. Susskind; Emily Thomas.