New York 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

Depending on the circumstances, you get out of jury duty for the following reasons, which primarily relate to medical or financial situations: A severe health condition affects you or a loved one for whom you provide care. ... Sitting on a jury would cause you significant financial hardship.

You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene.

You may make notes to assist you in your preparation for trial; however, generally you will not be permitted to refer to your notes while testifying unless the notes were made at the time of the event you are testifying about or shortly afterwards.

[You may take your notes back into the jury room and consult them during deliberations. But keep in mind that your notes are not evidence. When you deliberate, each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes.

The commissioner of jurors may bring a noncompliance proceeding against a person who fails to respond to the juror qualification questionnaire or summons to appear for jury service by serving upon such person, either personally or by first-class mail, a notice of noncompliance in a form prescribed by the Chief ...

There is no upper age limit. If you believe that you cannot serve for an age-related reason, contact your local Commissioner of Jurors Office to discuss possible accommodations or excusal. Your local Commissioner can also advise if any, or what type of, documentation is required for excusal.

If you decide to take notes, you must follow these rules: You must not permit note-taking to distract you from the proceedings. Any notes taken are only an aid to your memory and must not take precedence over your independent recollection.

Arguments against note taking are that (1) the best note-taker may dominate jury deliberations; (2) jurors, not having an overview of the case, may include in their notes interesting sidelights and ignore important but boring facts; (3) dishonest jurors might falsify notes; (4) note taking draws the juror's attention ...

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New York Jury Instruction - Note-Taking - Not Permitted