Jury Instructions — Penney Azcarate

THE COURT: Thank you, Mr. Rottenborn. Members of the jury, this is an important case to both the plaintiff and the defendant. In order to reach a verdict, each of you must agree on that verdict. In other words, your verdict must be unanimous. The first thing you should do when you go back to the jury room is to select a presiding juror.

THE COURT: The role of the presiding juror is to see to it that the deliberations are conducted in an orderly and businesslike manner; that they are conducted only in the jury room, when all the members of the jury are present, and that each juror has the opportunity to fully and fairly express his or her views. It is rarely helpful for jurors, upon first entering the jury room, to take a straw vote or for any juror to make an emphatic expression of his or her opinion in the case, or to announce a determination to stand for a certain verdict. To do so before all jurors have had an opportunity to consult with one another and exchange views and opinions might allow your sense of pride to prevent you from retreating from an announced position, even when shown that such position is unsound.

THE COURT: You have a duty to consult with one another and to deliberate with the objective of reaching an agreement, if it can be done without offending your individual judgment. Each of you must decide this case for yourself, but only after an impartial consideration of the evidence with your fellow jurors. In the course of deliberations, a juror should not hesitate to reexamine his or her views and change his or her opinion if convinced it is *an error. However, none of you should surrender your honest conviction as to the weight, or-effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. In the jury room, you will have the exhibits that were entered into evidence, you will also have the instructions of law that I just read to you, and you will have the verdict forms. You will have a laptop, and that laptop will have just two files on it, and Deputy Halusa will set it up for you in the jury room.

THE COURT: One is the plaintiff's files for audio and video files, and one is the defendant's files for audio and video files. And you'll be able to hear and watch those as well, the ones that were submitted into evidence. During your deliberations, you are not to communicate or provide any information to anyone who is not a member of this jury by any means about this case. You may not use any electronic device or media to conduct any independent research about this case, any of the factual issues in the case, and the individuals or attorneys involved in the case. You are not permitted to consult dictionaries or reference material, search the Internet, visit websites or blogs, or use any other tools to obtain information about this case, or to help you decide the case. Do not try to find out information from any source outside of the testimony and the exhibits received as evidence during the trial. You will also have -- I know the attorneys discussed briefly about the verdict forms.

THE COURT: You'll have two sets of verdict forms, one for Mr. Depp's case and one for Ms. Heard's case, okay? Now, when you have these verdict forms, the first three pages of both verdict forms have each of the statements separately, okay? So when you're going through it, you're going to look at each statement separately and answer the questions that are on the page, okay? Now if you come to -- if you decide yes for every question for a statement, then that's when you go to the last page of the verdict form, which is for damages. So, for example, if you find yes for all of statement 1, then you could go to 4 and 5 for damages. If you find yes for all of statement 1 and statement 2, you still go to 4 and 5 for damages. If you say yes for statement 1, statement 2, and statement 3, you obviously go to 4 and 5 for damage. If you answer no on any of the pages for any of the statements, you don't go to 4 and 5, okay? So that will be for all of them.

THE COURT: And when you do come to a verdict, make sure the foreperson signs it and dates it, and then just let the deputy know about that, okay? Now, for the tough part. You may remember at the beginning of this case I told you we would randomly select four people to be the alternates, okay? We still have two alternates left and the numbers were placed in an envelope in the very beginning of the case. So let me just say, before I release the alternates, that I know that this trial has been a huge sacrifice for all of you, and I have taken -- and you've taken away from your life for weeks on end here. And I know I speak for all of us associated with the case, and I want to thank you for your service in this matter. I know how hard it is to come this far and then not get a chance to deliberate. But that does not lesson the respect and admiration that we have for you.

THE COURT: As an alternate you do deliberate, but you are still under order of this court not to do any outside research in this case or to talk to anyone about this case at this time, and you're still under your oath as a juror. That is because if something happens to a juror during deliberations, I will call you back for service, and you will join the deliberations and they'll start again, and you'll be part of the jury. So you are under these restrictions and your oath until a verdict is reached. We will contact you once this has occurred and then you will be free from your obligations, okay? But, again, thank you for your service, all right? So in this matter, the alternate jurors are Juror Number 3 and 14. All right? So, at this time, those jurors are excused. And, also, the remaining jurors can retire now to the jury room to begin their deliberations, okay? So thank you all, okay?

THE COURT: All right. It is out of my hands. I have a few notes first, okay? Please make sure Jamie knows where you want to be contacted for any jury questions we have or when there's a verdict. When there is a verdict, I'll give you at least an hour lead time. It will always be at the top of the hour. So, for example, if I get the verdict at 10:20 in the morning, it wouldn't be read until noon. So it is always going to be the top of the hour, at least 60 minutes later, if that makes sense. That gives you time. I would ask that at least one attorney is close enough, within a ten-minute range, for any questions. I'd appreciate that, okay? And I know some of the attorneys are going to be leaving, so I just wanted to thank all of you for your professionalism and your hard work during this case. It's much easier being a judge when you have excellent trial attorneys in front of you. It does make it easier.

THE COURT: And I just want to thank the attorneys and litigants for the kindness and the great demeanor you've shown to my staff and to the courthouse staff and to the deputies and the sheriff department. I really appreciate it. It means a great deal to me, okay? And I also appreciate Judy, because she's a rock star. Yes.

THE COURT: Well, that's a first, okay. te 1) May 27, 2022

THE COURT: All right.

THE COURT: Okay. I'm glad on the last 1] day we finally have an agreement.

THE COURT: You want to approach? Sure. Just for old times' sake.

THE COURT: No.

THE COURT: Any of the pages. If you put a no on a page, you don't get to damages on that particular page.

THE COURT: We're on it. We're good.

THE COURT: All right. If we hear anything, we'll let you know, okay? All right, thank you.

THE COURT: Since a long weekend let's bring them in to send them home, okay?

THE COURT: Thank you, ladies and gentlemen. Since a long weekend -- you can sit down, please. Since it's a long weekend for three days, I just want to come back in here and remind you of your responsibilities, which are extremely important, especially now that you are in the deliberation phase, okay? So just to remind you, that you are not to read anything about this case; you are not to watch anything about this case; you are not to listen to anything about this case; this applies to television, newspapers, magazines, Internet, and any online sites.

THE COURT: In addition, you are not to read, watch or listen to anything about the case on social media and the sites, any blogs or similar sites. In addition, you must not communicate with anyone about the case, whether in person or over the phone, by email, text, or instant messaging, or by any other electronic or nonelectronic means, this concludes your friends, families, co-workers, acquaintances and strangers. I also instruct you, you cannot do any research or make any inquiry about this case, whether online or by any other means. All right. So have a good weekend and peaceful weekend for three days. And we'll come back at 9:00; is that correct? All right. We'll see you at 9:00 a.m. at that time.

THE COURT: You can go straight into deliberations at that time. I won't bring you back in here for that time, okay? Thank you.

THE COURT: Enjoy your weekend. And just be close by at 9:00 on Tuesday.