Jury Instruction - Note-Taking - Not Permitted

State:
Multi-State
Control #:
US-11CRT-2-2
Format:
Word; 
Rich Text
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Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

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FAQ

X Don't talk about the case, or issues raised by the case with anyone, including other jurors, while the trial is going on, and don't talk to the lawyers, parties, or witnesses about anything. X Don't take notes during the trial unless the judge gives you permission to do so.

Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day.

Be a United States citizen; be at least 18 years of age; reside primarily in the judicial district for one year; be adequately proficient in English to satisfactorily complete the juror qualification form; have no disqualifying mental or physical condition;

X Don't lose your temper, try to bully or refuse to listen to the opinions of other jurors. X Don't draw straws, flip coins or otherwise arrive at your verdict by chance, or the decision will be illegal.

Personal knowledge about a party to the case or someone connected to the case. Personal experiences that might affect the person's ability to judge the case.

2021 California Rules of Court Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial.

One survey indicated that 37 percent of the judges in state courts indicate they do not allow jurors to take notes during a trial.In federal courts, this matter is also left up to the judge.

Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day.

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Jury Instruction - Note-Taking - Not Permitted