North Carolina Jury Instruction - Note-Taking - Not Permitted

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Multi-State
Control #:
US-11CRT-2-2
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Word; 
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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

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?

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.

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.

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.

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.

Generally, you must contact the clerk of superior court office or the chief district court judge's office if you want to be excused or defer your jury service. You must have a compelling reason why you cannot serve on the assigned date.

The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.

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.

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North Carolina Jury Instruction - Note-Taking - Not Permitted