3.1 Duty to Deliberate

            Before you begin your deliberations, elect one member of the jury as your presiding juror. The presiding juror will preside over the deliberations and serve as the spokesperson for the jury in court.

            You shall diligently strive to reach agreement with all of the other jurors if you can do so. Your verdict must be unanimous.

            Each of you must decide the case for yourself, but you should do so only after you have considered all of the evidence, discussed it fully with the other jurors, and listened to their views.

            It is important that you attempt to reach a unanimous verdict but, of course, only if each of you can do so after having made your own conscientious decision. Do not be unwilling to change your opinion if the discussion persuades you that you should. But do not come to a decision simply because other jurors think it is right, or change an honest belief about the weight and effect of the evidence simply to reach a verdict. 

Comment

            A jury verdict in a federal civil case must be unanimous, unless the parties stipulate otherwise. Murray v. Laborers Union Local No. 324, 55 F.3d 1445, 1451 (9th Cir.1995) (citing Johnson v. Louisiana, 406 U.S. 356, 369-70 n.5 (1972)); see also Fed. R. Civ. P. 48(b). A federal civil jury must also unanimously reject any affirmative defenses before it may find a defendant liable and proceed to determine damages. Jazzabi v. Allstate Ins. Co., 278 F.3d 979, 985 (9th Cir.2002).