WPI 1.11 Concluding Instruction—For Special Verdict Form
6 WAPRAC WPI 1.11Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 1.11 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part I. General Instructions
Chapter 1. Introductory and General
WPI 1.11 Concluding Instruction—For Special Verdict Form
When you begin to deliberate, your first duty is to select a presiding juror. The presiding juror's responsibility is to see that you discuss the issues in this case in an orderly and reasonable manner, that you discuss each issue submitted for your decision fully and fairly, and that each one of you has a chance to be heard on every question before you. Deliberations are to occur only in the jury room when all [six] [twelve] jurors are present.
You are all officers of the court and must evaluate the evidence with an open mind free of bias or prejudice. If during your deliberations, you become concerned that the discussions are being influenced by preconceived bias or prejudice, you must bring this to the attention of the other jurors so that the issue may be fairly discussed among all members of the jury.
You will be given [the exhibits admitted in evidence and] these instructions. You will also be given a special verdict form that consists of several questions for you to answer. You must answer the questions in the order in which they are written, and according to the directions on the form. It is important that you read all the questions before you begin answering, and that you follow the directions exactly. Your answer to some questions will determine whether you are to answer all, some, or none of the remaining questions.
During your deliberations, you may discuss any notes that you have taken during the trial, if you wish. You have been allowed to take notes to assist you in remembering clearly, not to substitute for your memory or the memories or notes of other jurors. Do not assume that your notes are more or less accurate than your memories.
You will need to rely on your notes and memory as to the testimony presented in this case. Testimony will rarely, if ever, be repeated for you during your deliberations.
If, after carefully reviewing the evidence and instructions, you feel a need to ask the court a legal or procedural question that you have been unable to answer, write the question out simply and clearly. [For this purpose, use the form provided in the jury room.] In your question, do not state how the jury has voted, or in any other way indicate how your deliberations are proceeding. The presiding juror should sign and date the question and give it to the bailiff. I will confer with the lawyers to determine what response, if any, can be given.
In order to answer any question on the special verdict form, [ten] [five] jurors must agree upon the answer. It is not necessary that the jurors who agree on the answer be the same jurors who agreed on the answer to any other question, so long as [ten] [five] jurors agree to each answer.
When you have finished answering the questions according to the directions on the special verdict form, the presiding juror will sign the verdict form. The presiding juror must sign the verdict whether or not the presiding juror agrees with the verdict. The presiding juror will then tell the bailiff that you have reached a verdict. The bailiff will bring you back into court where your verdict will be announced.
NOTE ON USE
Use this instruction whenever a special verdict form is to be used.
Jurors may also be provided with suggested deliberation procedures, see WPI 6.18 (Suggestions for Deliberation Procedures). If this is done, the two instructions must be kept distinct and should be read to the jurors at different times. See the Note on Use and Comment to WPI 6.18 (Suggestions for Deliberations and Procedures).
COMMENT
New to this edition is the second paragraph of the instruction, which encourages all members of the jury to be responsible for ensuring that decisions are made based solely on the evidence and not upon preconceived biases or prejudices. The United States Supreme Court in Peña-Rodriguez v. Colorado, U.S. , 137 S. Ct 855, 869, 197 L.Ed.2d 107 (2017), concluded that the general rule against impeaching a jury verdict must fall when a juror has indicated that he or she relied on racial animus or stereotypes in reaching the verdict. In Turner v. Stime, 153 Wn.App. 581, 222 P.3d 1243 (2009), the court concluded that statements of clear racial bias made by a juror concerning plaintiff's counsel do not “inhere in the verdict” and that it was proper for the trial court to grant a new trial upon proof that such statements were made.
For a discussion of other issues involving both conscious and unconscious bias, see the Comment to WPI 1.01 (Advance Oral Instruction—Beginning of Proceedings).
Under RCW 4.44.380, ten jurors must agree before there is a verdict of a jury of twelve. For special verdicts, it is not necessary that the same ten jurors agree on all the interrogatories, so long as each interrogatory answer is agreed to by some combination of ten jurors. The rule is based on CR 49(l) and is commonly known as the “any ten jurors” rule. For courts of limited jurisdiction, see CRLJ 49(g).
The instruction also incorporates the Jury Commission's recommendation that the final instructions inform jurors as to the procedures for submitting questions to the court during deliberations. Washington State Jury Commission's Report to the Board for Judicial Administration, Recommendation 39 (July 2000) (for text, see Appendix G in Volume 6A). See related discussion in the Comment to WPI 1.08 (Concluding Instruction—For General Verdict Form).
[Current as of September 2018.]
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