What are some possible procedures for using plain English jury instructions?
In order to create plain English jury instructions, the court carefully considers the message that the jury charge is intended to communicate. Before trial, the trial judge requires the parties to identify two types of issues: those that are purely factual (Was the traffic light red or green?) and those that concern the application of relevant law (Did the defendant breach his fiduciary duty?). Based upon these submissions, the trial judge prepares a working list of the issues. The judges list of issues (factual and applicable law) serves as the basis for an outline of the jury instructions. In practical terms, the outline is a table of contents that guides the parties in preparing proposed jury instructions that address the same issues. In cases covered by pattern instructions, the outline will indicate which pattern instructions will be given and in what sequence, allowing more time to consider any deviations that might be appropriate. The outline approach also will encourage the app
