Step-by-step agenda

What a good system for drafting jury instructions does

An eviction case is going to trial, and each side has to propose the instructions the judge will read to the jury. Here is what a good system does, in order, with a question for you at each step.

Pattern instructions are the wording a court has already approved for common points of law, and most of a proposed set is drawn from them. This list comes from the draft of this workflow already in the Commons materials and from a working prototype built against one court’s list of proposed instructions, including an account of what that build got wrong.

Answer the questions on the parts you know from your own practice. The Commons team reads every answer, fixes what the list gets wrong, and takes the harder questions to the cohort working on this area.

The rest of this workflow package is here, with how this works today, what a good system does, and the assets the cohort is drafting.

Part 1

Reading the complaint and the list of proposed instructions

The parties file a joint list of the instructions each side proposes. The complaint and the first pages of that list hold the case details every instruction needs, which are the parties, the attorneys, the case number, the court, and the property. A detail read wrongly here repeats in every instruction that follows.

What a good system does

What it must never do

What is usually missing when you start this work?

Answer this

Part 2

Confirming the names of the parties

The name of each party appears in almost every instruction. One wrong name repeats through the whole document, and a judge or an opposing lawyer who spots it will doubt the rest of it.

What a good system does

What it must never do

How do you decide how a party is named across a whole set of instructions?

Answer this

Part 3

Reading which instructions each side has checked

The list is a form with a printed row for each pattern instruction and a box beside it. Each side checks the boxes for the instructions it wants, and a trial can need 20 or more of them. Reading those checkmarks off the page by hand is slow, and it is easy to miss one.

What a good system does

What it must never do

How often does the joint list reach you as a scan?

Answer this

Part 4

The instructions a party writes itself

The last section of the list leaves blank rows, where a party writes in an instruction it has drafted itself. Those rows have wording and no number, so there is nothing to look up and no stored wording to use. An earlier build read only the numbered rows, and a checked row with no number was dropped from the run with nothing on screen saying so.

What a good system does

What it must never do

What goes into the blank rows in your cases?

Answer this

Part 5

Looking up the approved wording for each instruction

A pattern instruction is useful because a court has already approved its exact words. The system should look that wording up rather than write it, because anything it writes itself is something a lawyer will have to defend.

What a good system does

What it must never do

How do you mark a change you make to the approved wording?

Answer this

Part 6

Filling in the blanks with the facts of the case

Each pattern instruction has blanks in it for names, roles, dates, and the property. Filling them in by hand takes an afternoon, and it is where the same name or date ends up written three different ways in three different instructions.

What a good system does

What it must never do

Which blanks do you have to stop and think about?

Answer this

Part 7

Checking that every disputed issue has an instruction

Coverage means that every element of the claim and every defense in dispute has an instruction behind it. A set can read well and still be missing the one the trial turns on.

What a good system does

What it must never do

Which defenses in an eviction trial have no pattern instruction that fits them?

Answer this

Part 8

Flagging what a lawyer has to decide

Some instructions get argued over in every trial, and any change to the approved wording draws an objection. A lawyer decides those, and the system puts them in front of one.

What a good system does

What it must never do

Which instructions do the judges in your court fight over?

Answer this

Part 9

Producing the document and saving the work

The result is a document somebody files, so its format matters as much as its wording. The work also runs across more than one sitting, and a person who loses it has to start again.

What a good system does

What it must never do

What gets one of these sent back by the clerk?

Answer this

Part 10

Keeping the client’s file private

The papers hold the parties’ names, the property address, the attorneys, and the case number, and the file goes to a model to be read. A supervising attorney has to be able to say where it went. An earlier build left its test documents on a web address anybody could open.

What a good system does

What it must never do

What does your organization require before a client’s file can go through a system like this?

Answer this

Part 11

Keeping the instruction library up to date

Pattern instructions get revised. A library holding last year’s wording still produces a document that looks right, and it quotes language the court has since replaced.

What a good system does

What it must never do

Who would keep the instruction library current in your office?

Answer this

Part 12

Knowing whether it works

Coverage is whether the set holds an instruction for everything in dispute. Fidelity is whether the wording matches what the court approved. Scoring either one takes a collection of cases paired with the instructions an expert would propose, and no such collection exists yet.

What a good system does

What would you need to see before you would file a set of instructions this produced?

Answer this

What happens to what you write

Every note comes to the Commons team. We read it, correct what this list gets wrong, and publish a new version saying what changed. The questions that need practitioners to argue them out go to the cohort for this area, which writes the detailed specification from what comes back.

A note about one line is as useful as a note that adds a whole step. If what you know is which instruction your judge always refuses, write about that.

The two agendas for this workflow

You are reading this one

Step-by-step agenda

This is the first round, and it collects what the people who do this work say a tool has to do, in the order the work happens and in plain words. Read it to argue with it, to correct it, and to say what your jurisdiction needs.

Not written yet

Functional agenda

The cohort writes the detailed specification after this round, using the answers that come back from this page. It numbers every capability, states the standard each one has to meet, and sorts them by the scope of the system being built, so a builder can build against it and an evaluator can test against it.

The cohort drafts this one next