3.6 Additional Instructions of Law

            At this point I will give you an additional instruction. By giving an additional instruction at this time, I do not mean to emphasize this instruction over any other instruction.

            You are not to attach undue importance to the fact that this instruction was read separately to you. You must consider this instruction together with all of the other instructions that were given to you.

            [Insert text of new instruction.]

            You will now retire to the jury room and continue your deliberations. 

Comment

            Use this instruction for giving an additional instruction to a jury while it is deliberating. If the jury has a copy of the instructions, send the additional instruction to the jury room. Unless the additional instruction is by consent of both parties, both sides must be given an opportunity to take exception or object to it. If this instruction is used, it should be made a part of the record. The judge and attorneys should make a full record of the proceedings.

            See Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 5.1.B (2013).