Summary of the law of each state and federal circuit regarding juror note taking

Federal: In every federal circuit, in the court’s discretion. Almost every case establishing this proposition is a criminal case, but there is no reason to suspect that the federal courts apply a different rule in civil cases.

Alabama: In court’s discretion in both civil and criminal cases

Alaska: In court’s discretion in both civil and criminal cases

Arizona: Court is required to permit note taking in both civil and criminal cases

Arkansas: No statute, rule, or case law in civil cases; in court’s discretion in criminal cases

California: In court’s discretion in both civil and criminal cases

Colorado: Reform pilot project encourages in both civil and criminal cases

Connecticut: In court’s discretion in both civil and criminal cases

Delaware: In court’s discretion in civil cases; no statute, rule, or case law in criminal cases

District of Columbia: In the court’s discretion in both civil and criminal cases

Florida: In court’s discretion in civil cases expected to last more than five days, but not permitted in civil cases expected to last less than five days; in court’s discretion in criminal cases

Georgia: In court’s discretion in both civil and criminal cases

Hawaii: In court’s discretion in both civil and criminal cases, but should be permitted unless the court can articulate good cause why it should not be

Idaho: Court is required to permit note taking in both civil and criminal cases

Illinois: Court is required to permit note taking in both civil and criminal cases

Indiana: Court is required to permit note taking in civil cases; in the court’s discretion in criminal cases

Iowa: Court is required to permit note taking in civil cases if any juror requests it; in criminal cases the rule states that jurors “may” take notes, but does not specify whether the court must so inform them, or whether the court has discretion not to permit note taking nor whether note taking is required to be permitted or is discretionary with the court

Kansas: In court’s discretion in both civil and criminal cases

Kentucky: No statute, rule, or case law in civil cases; in court’s discretion in criminal cases

Louisiana: Court is required to permit note taking in all civil cases except land condemnation cases, where note taking is prohibited; in criminal cases note taking shall be permitted if both the prosecution and the defense agree

Maine: In court’s discretion in both civil and criminal cases

Maryland: Permitted in both civil and criminal cases upon the request of any party in the case

Massachusetts: In court’s discretion in both civil and criminal cases

Michigan: No statute, rule, or case law in civil cases; in court’s discretion in criminal cases

Minnesota: In court’s discretion in civil cases; court is required to permit note taking in criminal cases

Mississippi: In court’s discretion in both civil and criminal cases

Missouri: In court’s discretion in both civil and criminal cases

Montana: No statute, rule, or case law in civil cases; in criminal cases rule says jurors may take notes into deliberations, but does not specify how the authority to take notes is conveyed to the jurors nor whether note taking is required to be permitted or is discretionary with the court

Nebraska: Permitted in both civil and criminal cases if the parties agree

Nevada: In court’s discretion in both civil and criminal cases

New Hampshire: In court’s discretion in both civil and criminal cases

New Jersey: Permitted in both civil and criminal cases if any party in the case requests it

New Mexico: In court’s discretion in both civil and criminal cases

New York: In court’s discretion in both civil and criminal cases

North Carolina: No statute, rule, or case law in civil cases; in the court’s discretion in criminal cases, with a presumption in favor of permitting it

North Dakota: in both civil and criminal cases the rules say jurors may take notes into deliberations, but does not specify how the authority to take notes is conveyed to the jurors nor whether note taking is required to be permitted or is discretionary with the court

Ohio: In court’s discretion in both civil and criminal cases

Oklahoma: In court’s discretion in both civil and criminal cases

Oregon: In civil cases, rule says jurors “may” take notes, but does not how the authority to take notes is conveyed to the jurors nor whether note taking is required to be permitted or is discretionary with the court; no statute, rule or case law in criminal cases

Pennsylvania: In civil cases, in judge’s discretion in cases expected to last for more than two days (however, this is an experimental rule that is rescinded as of December 31, 2005); note taking is prohibited in criminal cases

Rhode Island: In court’s discretion in both civil and criminal cases

South Carolina: In court’s discretion in both civil and criminal cases

South Dakota: In civil cases the statute says the jurors may take notes into deliberations, but does not specify how the authority to take notes is conveyed to the jurors, nor whether note taking is required to be permitted or is discretionary with the court; no statute, rule, or case law in criminal cases

Tennessee: Court is required to permit note taking in both civil and criminal cases

Texas: In court’s discretion in both civil and criminal cases

Utah: Court is required to permit note taking in both civil and criminal cases

Vermont: Court is required to permit note taking in both civil and criminal cases

Virginia: In court’s discretion in both civil and criminal cases

Washington: Court is required to permit note taking in both civil and criminal cases

West Virginia: In court’s discretion in both civil and criminal cases

Wisconsin: In court’s discretion in both civil and criminal cases

Wyoming: Court is required to permit note taking in both civil and criminal cases
 

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