CACI 5004 Service Provider for Juror With Disability

California Civil Jury Instructions CACI

5004 Service Provider for Juror With Disability

[Name or number of juror] has been assisted by [a/an] [insert type of service provider] to communicate and receive information. The [service provider] will be with you during your deliberations. You may not discuss the case with the [service provider]. The [service provider] is not a member of the jury and is not to participate in the deliberations in any way other than as necessary to provide the service to [name or number of juror].

All jurors must be able to fully participate in deliberations. In order to allow the [service provider] to properly assist [name or number of juror], jurors should not talk at the same time and should not have side conversations. Jurors should speak directly to [name or number of juror], not to the [service provider].

[Two [service providers] will be present during deliberations and will take turns in assisting [name or number of juror].]

Directions for Use

If this instruction is used, the advisory committee recommends that it be read to the jury before reading instructions on the substantive law.

Sources and Authority

Eligibility to Serve as Juror. Code of Civil Procedure section 203(a)(6).

Service Provider for Juror With Disability. Code of Civil Procedure section 224.

Secondary Sources

7 Witkin, California Procedure (5th ed. 2008) Trial, §§ 320, 330
27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection, § 322.32 (Matthew Bender)
1 Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, Ch. 8 Interpreters, 8.31
California Judges Benchbook: Civil Proceedings—Trial § 13.10 (Cal CJER 2019)