Mississippi Jury Instruction - Note-Taking - Not Permitted

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US-11CRT-2-2
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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

Generally one is entitled to be excused from jury duty if he or she faces a personal hardship, business hardship, or has served on a jury in this court in the last two years. Further, a potential juror who is 65 years of age or older, may choose to be exempt from jury service.

Juror questions can help an attorney with areas of focus for closing argument. A juror question may cover an area the attorney did not think to address or forgot to address with a witness.

Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.

Sometimes (perhaps more than we'd like to think) jurors don't pay attention in court. Learn what the result is. You wouldn't know it from watching TV, but courtrooms aren't always exciting. In fact, proceedings can be so painstaking that jurors stop paying attention?that is, if they don't completely nod off.

Although only one state expressly prohibits this practice, in most jurisdictions whether members of a jury are allowed to take notes will depend upon the discretion of the judge.

A good set of notes will make it possible for the judge to tell the jury what the witness said and keep them on the track.

Ideally, jurors will write down any note that they feel they'd like to remember later when they deliberate. But, how will the jurors know what facts, evidence or other details are the most important to remember?

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. The court must provide materials suitable for this purpose.

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Mississippi Jury Instruction - Note-Taking - Not Permitted