Stipulation Re Jury {CIV-65}

CIV-65, STIPULATION RE: JURY, It is stipulated by and between counsel for the respective parities in the above-entitled action: 1. That unless called to the attention of the court, all jurors shall be deemed to be in the jury box and in their proper places upon court reconvening after each recess or adjournment. 2. That after having given the admonition required by Code of Civil Procedure section 611, the court at each subsequent recess or adjournment need not repeat or remind the jury of the admonition theretofore given. 3. That in the absence of any counsel the court may: (a) Upon the request of the jury, read to the jury any or all instructions previously given or may give any new instructions upon any matter that may be requested; (b) Have read to the jury, at its request, any portions of the evidence given in the trial and may supply the jury, on its request, with any of the exhibits received in evidence; (c) Call the jury into the courtroom to ascertain whether or not a verdict is probable, to receive the verdict of the jury and poll the jury; and (d) In the event of the failure of the jury to reach a verdict, permit the jurors to separate and resume their deliberations on the morning of the next court day, or such other time as may be fixed by the court. 4. That in the absence of the trial judge after the original submission of the case to the jury, any judge of this court may act in the place and stead of the trial judge to and including the time of dismissal of the jury. 5. That in the event of a judgment in favor of the plaintiff, a stay of execution maybe issued to be effective for a period of ten days after determination of a motion for a new trial, or until ten days after expiration of the time to file notice of intention to move for a new trial. 6. That during deliberations and in the absence of counsel, the jury may be excused from the jury room and into the hallway for a 15 minute recess in the morning session as well as in the afternoon session. Further, that if neither side requests the jury be sequestered during the luncheon recess, the jury will be excused and will separate during the luncheon recess. SDSC CIV-65 (New 8-99). www.FormsWorkflow.com