• 2006 - Assisting Jurors at Impasse
  • C-85.75
    • Closing Instructions
    • Jury
  • This instruction is offered to help your deliberations, not to force you to reach a verdict. You may wish to identify areas of agreement and areas of disagreement. You may then wish to discuss the law and the evidence as they relate to areas of disagreement. If you still have disagreement, you may wish to identify for the Court and counsel which issues or questions of law or fact you would like counsel or the Court to assist you with. If you elect this option, please list in writing the issues where further assistance might help bring about a verdict. I do not wish or intend to force a verdict. We are merely trying to be responsive to your apparent need for help. If it is reasonably probable that you could reach a verdict as a result of this procedure, it would be wise to give it a try. 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. LaRoque, 98 NW2d 16 (ND 1959)
    • Lathrop v. Fargo Moorhead St. Ry. Co., 136 NW 88 (
    • State v. Champagne, 198 NW2d 218, 238 (ND 1972)
    • State v. Shafer-Imhoff, 2001 ND 146, 632 NW2d 825
  • Notes: This instruction should not be given as part of the original series, but only if, after reasonable deliberation, the Jury reports an inability to agree or fails to return a verdict. In addition, it should be noted that providing assistance under Rule 6.9 is completely within the court’s discretion, both in the decision to provide the assistance and the manner in which assistance is provided. 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, 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.