§ RULE 2-605. INSTRUCTIONS TO JURIES
RULE 2-605. INSTRUCTIONS TO JURIES
A. Procedural Instructions. After the parties have completed their presentation of the evidence, and before arguments to the jury, the magistrate shall orally instruct the jury on the procedure to be followed by them in deciding the case. Such instructions shall be given in substantially the following form:
“Ladies and gentlemen of the jury:
The case will now be submitted to you for decision. Upon retiring to the jury room and before commencing your deliberations you will select one of your members as foreman. You will then determine the facts in the case from the evidence that has been presented here in open court during the trial. From the facts and the law as you understand it you will decide upon a verdict.
You are the sole judges of all disputed questions of fact. Your verdict should not be based on speculation, guess or conjecture. Neither sympathy nor prejudice should influence your verdict.
You should first decide whether or not the defendant is liable to the plaintiff at all (and whether or not the plaintiff is liable to the defendant on the defendant's counterclaim/setoff). If you find the defendant liable to the plaintiff (or the plaintiff liable to the defendant), you should then determine the amount of damages that should be awarded.
When five or more of you have agreed upon a verdict, you will return to open court and your foreman will then announce the verdict.”
B. UJI Instructions. If requested by a party or, if the court deems it appropriate, on the court's own motion, the court may give the jury any other applicable instructions contained in the New Mexico Uniform Jury Instructions (UJI) Civil. Whenever the court determines the jury should be instructed on a subject and no applicable instruction on the subject is found in UJI Civil, the instruction given on that subject shall be brief, impartial and free from hypothesized facts.