More and more courts are modifying jury instructions to specifically address social media and the Internet. I’ve posted previously about some of the specific instructions we’ve seen dealing with jurors’ use of technology during trial. Here’s another one to add to the collection.
Michigan’s new rule 2.511 (pdf) took effect on September 1, 2009, and requires judges to admonish jurors to not use electronic-communication devices during trial or during breaks to comment or conduct research on the case. The new text of the rule provides:
(2) The court shall instruct the jurors that until their jury service is concluded, they shall not
(a) discuss the case with others, including other jurors, except as otherwise authorized by the court;
(b) read or listen to any news reports about the case;
(c) use a computer, cellular phone, or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information prohibited in subsection (d) below;
(d) use a computer, cellular phone, or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court. As used in this subsection, information about the case includes, but is not limited to, the following:
(i) information about a party, witness, attorney, or court officer;
(ii) news accounts of the case;
(iii) information collected through juror research on any topics raised or testimony offered by any witness;
(iv) information collected through juror research on any other topic the juror might think would be helpful in deciding the case.
Mich. Ct. Rule 2.511(H)(2) (pdf)
See also:
South Carolina Jury Instructions on Social Media
Model Jury Instructions Deal With Social Media In the Courtroom
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