Judicial Council Approves New Civil Jury Instructions

The civil jury instructions used in state courts for the last 70 years are often convoluted and confusing.  Last month, the California Judicial Council approved new "plain English" versions.  The following sample demonstrates the new approach:

Old: "Failure of recollection is common.  Innocent recollection is not uncommon."

New: "People often forget things or make mistakes in what they remember."

A 29-member panel, appointed in 1997, started from scratch and ultimately produced 800 entirely new civil instructions.  The completed set of new criminal instructions is expected in 2005.

"Jurors make important and sometimes life-altering decisions," said Court of Appeal Justice Carol A. Corrigan, chair of the task force.  "It is critical that the instructions be clear so that Californians performing this important service reach informed conclusions, grounded in an understanding  of the law."

The new instructions will be available from the publisher, LexisNexis Matthew Bender, and at the California courts website this fall.  Software allowing judges and attorneys to customize the instructions will also be available for sale from LexisNexis.