CACI 5021 Electronic Evidence

California Civil Jury Instructions CACI

5021 Electronic Evidence

Some exhibits that have been admitted into evidence will be provided to you electronically. The equipment necessary to view these exhibits will be available to you in the jury room. Do not use the equipment for any purpose other than to view the electronic exhibits. Do not use it to access the Internet or any other source of information. Do not use it for any personal reason whatsoever, including but not limited to reviewing email, entertainment, or engaging in social media.

If you need technical assistance or additional equipment or supplies, you may make a request by sending me a note through the [clerk/bailiff/court attendant]. Should it become necessary for a technician to enter the jury room, stop your deliberations until the technician has left. Do not discuss with him or her, or with each other, any exhibit or any aspect of the case while the technician is present. Do not say anything to the technician other than to (1) describe the technical problem(s) and/or to (2) request instruction on how to operate the equipment.

[You may request a paper copy of an exhibit received in evidence. One will be supplied, if possible.]

Directions for Use

Give this instruction if exhibits have been introduced in electronic format only. Modify or expand the instruction as necessary to set forth the particular process for the viewing of electronic exhibits in the particular courtroom. Give the last paragraph if a paper copy will be available.

Secondary Sources

8 Witkin, California Procedure (5th ed. 2008) Trial, § 161
Wegner, et al., California Practice Guide: Civil Trials & Evidence, Ch. 15-C, Matters Allowed In Jury Room During Deliberations, ¶ 15:83 et seq. (The Rutter Group)
Cotchett, California Courtroom Evidence, Ch. 27 Demonstrative and Experimental Evidence, § 27.01 (Matthew Bender)
Johnson, California Trial Guide, Unit 65, Presentation of Demonstrative Evidence, § 65.10 (Matthew Bender)
1 Cathcart et al., Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments, Ch. 11, Questioning Witnesses and Objections, 11.09 et seq.
California Judges Benchbook: Civil Proceedings—Trial §§ 7.24, 13.27 (Cal CJER 2019)