IDJI 2

INSTRUCTION NO. ________

        Ladies and gentlemen, we are about to begin the trial of a law suit. Some of you may be unfamiliar with the procedures in which you are about to participate; and I am going, therefore, to outline briefly for you how this trial will proceed.

        [Here may be inserted the material on the voir dire from the preceding page and any instructions which the court deems appropriate.]

        [After the jury has been] [Now that the jury is] selected and sworn, the [court will read to you some of your instructions. Then, the] attorneys will make opening statements; or the defendant's attorney may, if he wishes, save his opening statement until later. The opening statement is intended to inform you about the party's case, and what he claims, and what evidence he intends to produce for you. The opening statement is not evidence, however.

        Then each side offers evidence to support his claim. The plaintiff, Mr. (name), proceeds first and offers all his evidence on his claim. Then the defendant, Mr. (name), proceeds to offer all his evidence on his [claim and on his] defense. Thereafter, rebuttal evidence may be offered.

        After all of the evidence is in, I will read to you the rest of your instructions. In those instructions I will tell you what the law is and will tell you what you will have to decide.

        Then the trial concludes with the arguments of the lawyers for both sides.

        Finally, you will be taken to a place where you can deliberate on your verdict in privacy.

IDJI 2.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________