13-110. Conduct of jurors.

            Your job is to find and determine the facts in this case, which you must do solely upon the evidence received in court. There are a number of important rules governing your conduct during the trial.

            First, you may discuss the evidence during the trial, but only among yourselves and only in the jury room when all of you are present. During the recesses and adjournments, while this case is in progress, do not discuss the case with anyone other than yourselves. The kinds of things you may discuss include the witnesses, their testimony, and exhibits. Be careful, however, not to make up your minds or try to convince others about the final outcome of the case until you have heard everything - all the evidence, the final instructions of law, and the attorneys' closing arguments. It would be unfair to the parties if you attempt to decide the outcome of the case before you begin final deliberations.

            Second, it is for you to decide whether the witnesses know what they are talking about and whether they are being truthful. You may give the testimony of any witness whatever weight you believe it merits. You may take into account the witness's ability and opportunity to observe, any interest, bias or prejudice that the witness may have, and the reasonableness of the testimony considered in light of all the evidence in the case.

            Third, to minimize the risk of accidentally overhearing something that is not evidence in this case, please continue to wear the jurors' badges while in and around the courthouse. If someone happens to discuss the case in your presence, report that fact at once to a member of the staff.

            Fourth, though it is natural to visit with people you meet, please do not talk with any of the attorneys, parties, witnesses or spectators, either in or out of the courtroom. If you meet in the hallways or elevators, there is nothing wrong with saying "good morning" or "good afternoon", but your conversation should end there. If the attorneys, parties and witnesses do not greet you outside of court, or avoid riding in the same elevator with you, they are not being rude. They are just carefully observing this rule.

            Fifth, do not consider anything you may have read or heard about the case outside the courtroom. During the trial and your deliberations, avoid news accounts of the trial, whether on radio, television, in the newspaper or elsewhere. If you happen to see or hear any news account of the trial, please report that fact to a member of the staff.

            Sixth, do not attempt any research, tests, experiments, visits to any locations involved in this case, or other investigation. It would be difficult or impossible to duplicate conditions shown by the evidence; therefore, your results would not be reliable. Such conduct also runs contrary to the rule that your verdict must be based solely upon the evidence presented to you. Nonetheless, in your deliberations, you need not ignore your backgrounds, including professional, vocational, and educational experience.

            Last, there are at least two sides to every lawsuit. It is important that you keep an open mind and not decide any part of the case until the entire case has been completed and submitted to you. Your special responsibility as jurors demands that throughout this trial you exercise your judgment impartially and without regard to any sympathy, bias or prejudice.

            These rules apply at all times during the trial -- 24 hours a day, 7 days a week – until you return a verdict in open court and are discharged by me.

COMMITTEE COMMENT

            Juror misconduct includes activity by members of the jury which is inconsistent with the instructions by the court. State v. Sena, 105 N.M. 686, 688, 736 P.2d 491, 493 (1987). Juror misconduct also includes members of the jury making an unauthorized visit to the scene or referring to material not in evidence and against the instructions of the court. State v. Melton, 102 N.M. 120, 122-24, 692 P.2d 45, 47-49 (Ct. App. 1984). However, jurors are allowed to take into consideration their knowledge and impressions founded upon experience in their everyday walks of life. State v. Mann, 2002-NMSC-001, 131 N.M. 459, 469, 39 P.3d 124, 134.