Texas 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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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

Exemptions from Jury Service Are over 75 years of age (You may also request a permanent age 75 exemption.); Have legal custody of a child younger than 12 years of age and your service on the jury requires leaving the child without adequate supervision; Are a student of a public or private secondary school;

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.

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.

[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.

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.

If you have received a summons, you may request to be excused or postpone your service for any of the reasons listed below: Having active care of a child or children under ten years of age, and not employed outside the home. ... Over 70 years of age. Caring for an aged or infirmed person.

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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Texas Jury Instruction - Note-Taking - Not Permitted