• 2006 - Duty of the Jury/Deadlocked Jury [Allen Charge]
  • C-85.70
    • Charge To Jury
    • Closing Instructions
    • Judges
    • Jury
  • The verdict you reach must be unanimous. In coming to this agreement, you have a duty to consult with one another and to deliberate with a view to reaching an agreement, but only if it can be done without doing violence to your individual judgment. You must each come to your own conclusion as to what the weight of the evidence shows, but this conclusion should be based on an impartial consideration of the evidence with your fellow jurors. Do not hesitate to re-examine your own views and change an earlier opinion if convinced that your earlier opinion was erroneous. It is important that none of you surrender your honest conviction as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. In light of the foregoing, I shall ask you to retire to deliberate [further] and make a conscientious effort to reach a verdict.
    • Benzmiller v. Swanson, 117 NW2d 281 (ND 1962)
    • Borstad v. La Roque, 98 NW2d 16 (ND 1959)
    • Lathrop v. Fargo Moorhead St. Ry. Co.,136 NW 88 (ND 1912)
  • Notes: This instruction or its equivalent found in instruction NDJI Civil 85.20 should be given as part of the original series, and may be given again, after reasonable deliberation if the Jury reports an inability to agree or fails to return a verdict. If giving this instruction, the following procedure should be observed: 1) Before the trial judge attempts to ascertain whether the Jury is deadlocked, both counsel should be present along with the reporter. At that time, the Court, on the record, should state the facts concerning any communication from the Jury, or if there has been no communication, the length of time the Jury has been deliberating, and inform counsel that the Court proposes to give the instruction again, giving counsel an opportunity to object, if they so desire. 2) In the presence of both counsel and the reporter, the Jury should be returned to the box, and the Court, after cautioning them not to reveal the numerical division in the voting or which side has the preponderance, should ask the jury leader if they are unable to reach a verdict. If the Jury is at an impasse, the Court may give this instruction and return them to the jury room to deliberate further.