If you need to speak with me about anything, simply give a signed note to [identify court personnel] to give to me.
[I will not repeat these admonitions each time we recess or adjourn, but you will be reminded of them on occasion.]
COMMENT
The instruction is derived from Fifth Circuit 2.1, Eighth Circuit 2.01 and former Ninth Circuit 2.1. Cf. Ninth Circuit 1.12.Jurors should be reminded that they have duties and responsibilities even when not in court. See, e.g., United States v. Williams, 635 F.2d 744 (8th Cir. 1980) (it is essential to a fair trial that the jury be cautioned as to what conduct is permissible when not in court; an instruction is particularly necessary before the jury separates at night when they will converse with friends and relatives or possibly encounter trial publicity).
This instruction may be modified to be given at the beginning of the trial, as well as before a recess. See also Instruction 1.3 (providing similar admonitions as part of a broader instruction at the beginning of the case).
