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WPI150.16Concluding Instruction

6A WAPRAC WPI 150.16Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 150.16 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part X-A. Eminent Domain
Chapter 150. Eminent Domain—General Instructions
WPI 150.16 Concluding Instruction
When you are taken to the jury room 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,] these instructions [,] and(fill in number)verdict form[s] for recording your verdict. [Exhibits may have been marked by the court clerk and given a number, but they do not go with you to the jury room during your deliberations unless they have been admitted into evidence. The exhibits that have been admitted will be available to you in the jury room.]
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, however, that your notes are more or less accurate than your memory.
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 you need to ask the court a legal or procedural question that you have been unable to answer among yourselves after reviewing the evidence and instructions, write the question out simply and clearly. [For this purpose, use the form provided in the jury room.] The presiding juror should sign and date the question and give it to the bailiff. I will confer with counsel to determine what answer, if any, can be given.
In your question to the court, do not indicate how your deliberations are proceeding. Do not state how the jurors have voted on any particular question, issue, or claim, nor in any other way express your opinions about the case.
In order to reach a verdict [ten] [five] of you must agree. When [ten] [five] of you have agreed, then fill in the amount of just compensation that you find should be paid in this case. The presiding juror must sign the verdict whether or not the presiding juror agrees with it. The presiding juror will then inform the bailiff that you have reached a verdict. The bailiff will conduct you back into this courtroom where the verdict will be announced.
Use this instruction along with WPI 150.17 (Verdict Form—Condemnation) in every condemnation trial except when special verdicts or findings are required. For a discussion of special verdicts or findings, see the Comment.
In an inverse condemnation case involving an issue of liability as well as damages, this instruction should be modified by using WPI 1.09 (Use of General Verdict Forms for Single Plaintiff and Defendant), as an inserted paragraph on the use of verdict forms.
This instruction is substantially the same as WPI 1.08 (Concluding Instruction—Basic Form), adapted to fit a condemnation case.
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. See also Turner v. Stime, 153 Wn.App. 581, 222 P.3d 1243 (2009).
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).
This concluding instruction is drafted to be used with the simple verdict form set forth in WPI 150.17 (Verdict Form—Condemnation). In some cases, however, the jurors will need a more detailed verdict form, such as when separate interests in property are involved. See discussion of separate interests in the Comment to WPI 150.05 (Measure of Compensation—Total Taking). For these cases, the concluding instruction should be drafted based on WPI 1.11 (Concluding Instruction—Special Verdict Form), with appropriate modifications.
[Current as of March 2018.]
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