South Carolina Jury Instruction - Note-Taking - Permitted
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
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.
Some jurors may feel that notes are helpful, particularly if the case involves any complicated issues. Of course, you are not required to take notes, and some of you may feel that taking notes may be a distraction and interfere with hearing and evaluating all the evidence.
However, except in complicated cases, the allowance of note taking by jurors is rare, as all material which may be considered as evidence will be sent to them in their deliberation room for consideration.
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?
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
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.
[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.