• 2008 - Preceding a View
  • K-2.40
    • Charge To Jury
    • Evidence
    • Introductory Instructions - Special Situations
    • Introductory Instructions - Special Situations

  • The Court has granted a request for you to view the _____. This viewing is to help you understand the evidence received during the trial and assist you in weighing the evidence and determining the credibility of witnesses.

     

    You will be escorted to the _______ by the bailiffs under the direction of the Court. You must not communicate with anyone, and no one may communicate with you, about any subject connected with the trial.

    *****

    • A & A Metal Bldgs. v. I-S, Inc., 466 NW2d 601 (ND 1991)
    • Harwood State Bank v. Charon, 466 NW 2d 601 (ND 1991)
    • Merchant v. Pielke, 84 NW 574 (ND 1900)
    • State v. Rohrich, 135 NW2d 175, 180 (ND 1965)
    • State v. Schlickenmayer, 334 NW2d 196, 199-200 (ND 1983)
  • Notes: NDCC 29-21-26, requires that the bailiffs “must be sworn to suffer no person to speak to, nor communicate with the jurors, nor to do so themselves, on any subject connected with the trial, and return them into court without unnecessary delay or at a specified time.” This section also requires that the trial judge must be present and the state’s attorney and counsel for the defendant may be present at the view by the jurors.