CACI 5090 Final Instruction on Discharge of Jury

California Civil Jury Instructions CACI

5090 Final Instruction on Discharge of Jury

Members of the jury, this completes your duties in this case. On behalf of the parties and their attorneys, thank you for your time and your service. It can be a great personal sacrifice to serve as a juror, but by doing so you are fulfilling an extremely important role in California’s system of justice. Each of us has the right to a trial by jury, but that right would mean little unless citizens such as each of you are willing to serve when called to do so. You have been attentive and conscientious during the trial, and I am grateful for your dedication.

Throughout the trial, I continued to admonish you that you could not discuss the facts of the case with anyone other than your fellow jurors and then only during deliberations when all twelve jurors were present. I am now relieving you from that restriction, but I have another admonition.

You now have the absolute right to discuss or not to discuss your deliberations and verdict with anyone[, including members of the media]. It is appropriate for the parties, their attorneys or representatives to ask you to discuss the case, but any such discussion may occur only with your consent and only if the discussion is at a reasonable time and place. You should immediately report any unreasonable contact to the court.

If you do choose to discuss the case with anyone, feel free to discuss it from your own perspective, but be respectful of the other jurors and their views and feelings.

Thank you for your time and your service; you are discharged.

Directions for Use

In the third paragraph, include the reference to members of the media if the case has received media attention and coverage.

Secondary Sources

7 Witkin, California Procedure (5th ed. 2008) Trial, § 372
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure, Ch. 17, Dealing With the Jury, 17.03
California Judges Benchbook: Civil Proceedings—Trial § 14.40 (Cal CJER 2019)