Statutes and/or case law from every American jurisdiction regarding juror note taking

Federal

Every Circuit has ruled that permitting note taking by jurors is within the discretion of the trial judge. While almost all these rulings have been in criminal cases, there is no reason to believe the rule is otherwise in civil cases.

U. S. v. Porter, 764 F.2d 1 (1st Cir. 1985)
U. S. v. Bertolotti, 529 F.2d 149 (2nd Cir. 1975)
U. S. v. Maclean, 578 F.2d 64 (3rd Cir. 1978)
U. S. v. Polowichak, 783 F.2d 410 (4th Cir. 1986)
U. S. v. Rhodes, 631 F.2d 43 (5th Cir. 1980)
U. S. v. Johnson, 584 F.2d 148 (6th Cir. 1978)
U. S. v. Braverman, 522 F.2d 218 (7th Cir. 1975)
U. S. v. Darden, 70 F.3d 1507 (8th Cir. 1995)
U. S. v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
U. S. v. Riebold, 557 F.2d 697 (10th Cir. 1977)
11th Cir.—See 5th Cir. case, above, still good law after Circuit
 

States

A    C    D   F   G   H    I    K   L   M    N    O    P    R    S    T    U   V    W 

Alabama

Discretionary with the trial judge. So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: Poole v. State, 650 So.2d 541 (Ala. Crim. App. 1994).

Alaska

Discretionary with the trial judge. So held in a civil case, but there is no reason to believe the rule is otherwise in criminal cases: Alaska State Housing Authority v. Contento, 432 P.2d 117 (Alaska 1967).

Arizona

16 A.R.S. Rules of Civil Procedure, Rule 39(p) Note Taking by Jurors

The court shall instruct that the jurors may take notes regarding the evidence and keep the notes for the purpose of refreshing their memory for use during recesses, discussions and deliberations. The court shall provide materials suitable for this purpose. After the jury has rendered its verdict, the notes shall be collected by the bailiff or clerk who shall promptly destroy them.


17 A.R.S. Rules Crim.Proc., Rule 18.6 Preparation of jurors

d. Note Taking; Access to Juror Notes and Notebooks. The court shall instruct the jurors that they may take notes regarding the evidence presented. The court shall provide materials suitable for this purpose. In its discretion, the court may authorize documents and exhibits to be included in notebooks for use by jurors during trial to aid them in performing their duties. Jurors shall have access to their notes and notebooks during recesses and deliberations. After the jury has rendered its verdict, the notes shall be collected by the bailiff or clerk who shall destroy them promptly. In a capital case, the jurors shall have access to their notes from the trial and all phases of the sentencing proceedings until the jury renders a penalty verdict or is dismissed.

Arkansas

No statute, rule, or case law for civil cases.


For criminal cases: Arkansas Rules of Criminal Procedure, Rule 33.5 NOTE-TAKING BY JURORS
Jurors may take notes regarding the evidence presented to them during the course of a trial and keep the notes when the jury retires for its deliberations. Any notes so taken shall be treated as confidential, disclosure of the notes or their nature being permissible only between the juror making them and his fellow jurors.

California

West’s Ann. Cal. C.C. P. 612 Items which may be taken to the jury room

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them any exhibits which the court may deem proper, notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

The standard jury instruction situation in California is more complex than in most states. There are two sets of instructions—one civil (“BAJI”) and one criminal (“CALJIC”)—that were originally created in the 1930’s by the Committee on Standard Jury Instructions of the Superior Court of Los Angeles County, and have been maintained and copyrighted by that organization ever since. These instructions are widely used throughout California, but are not required to be used by California law. A competing, non-copyrighted set of “plain English” civil instructions was completed in 2003 by a blue-ribbon commission appointed by the California Supreme Court (and a separate commission is at work on criminal “plain English” instructions).


CALJIC 0.50

[You must not read or listen to any accounts or discussions of the case reported by the newspapers or other news media, including radio, television, the internet or any other [electronic] source.]
[You will be given notebooks and pencils. Leave them on your seat when you leave each day and at each recess. You will be able to take them into the jury room when you deliberate.]
[A word of caution: You may take notes; however, you should not permit note-taking to distract you from the ongoing proceedings. Remember you are the judges of the believability of witnesses.]
[Notes are only an aid to memory and should not take precedence over recollection. A juror who does not take notes should rely on his or her recollection of the evidence and not be influenced by the fact that other jurors do take notes. Notes are for the note-taker's own personal use in refreshing his or her recollection of the evidence.]
Should a discrepancy exist between a juror's recollection of the evidence and a juror's notes, or between a juror's recollection and that of another, you have a right to and may request that the reporter read back the relevant testimony which must prevail.

CALJIC 1.05 Juror's Use of Notes

[You [will be] [have been] given notebooks and pencils. Leave them on your seat in the jury room when you leave each day and at each recess. You will be able to take them into the jury room when you deliberate.]
[A word of caution: You may take notes; however, you should not permit note-taking to distract you from the ongoing proceedings. Remember you are the judges of the believability of witnesses.]
Notes are only an aid to memory and should not take precedence over recollection. A juror who does not take notes should rely on his or her recollection of the evidence and not be influenced by the fact that other jurors do take notes. Notes are for the note-taker's own personal use in refreshing his or her recollection of the evidence.
Finally, should any discrepancy exist between a juror's recollection of the evidence and a juror's notes, or between one juror's recollection and that of another, you may request that the reporter read back the relevant testimony which must prevail.

The new civil “plain English” instruction reads as follows:

You have been given notebooks and may take notes during the trial. Do not remove the notebooks from the jury box at any time during the trial. You may take your notes into the jury room during deliberations.

You should use your notes only to remind yourself of what happened during the trial. Do not let your note-taking interfere with your ability to listen carefully to all the testimony and to watch the witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be influenced by whether or not the other jurors are taking notes. Your independent recollection of the evidence should govern your verdict and you should not allow yourself to be influenced by the notes of other jurors if those notes differ from what you remember.

[The court reporter is making a record of everything that is said. If during the deliberations you have a question about what the witness said, you should ask that the court reporter’s records be read to you. You must accept the court reporter’s record as accurate.]

Colorado

CO.R.C.P. Rule 47 JURORS

(m) Items Taken to Deliberation. Upon retiring, the jurors shall take the jury instructions, their juror notebooks and notes they personally made, if any, and to the extent feasible, those exhibits that have been admitted as evidence.

Colo. Rules of County Court Civil Procedure 347

(m) Items Taken to Deliberation. Upon retiring, the jurors shall take the jury instructions, their juror notebooks and notes they personally made, if any, and to the extent feasible, those exhibits that have been admitted as evidence.

Connecticut

(m) Items Taken to Deliberation. Upon retiring, the jurors shall take the jury instructions, their juror notebooks and notes they personally made, if any, and to the extent feasible, those exhibits that have been admitted as evidence.

Rules for Procedure in Civil Matters § 16-7. Juror Questions and Note Taking

The members of the jury may, in the discretion of the judicial authority, take notes and submit questions to be asked of witnesses during the trial of a civil action.

Rules for Procedure in Criminal Matters § 42-9. Jury Trials--Juror Questions and Note Taking

The members of the jury may, in the discretion of the judicial authority, take notes and submit questions to be asked of witnesses during the trial of a criminal action.

Delaware

No statute, rule, or definitive case law in either civil or criminal cases, although occasional cases mention without objection that the jurors took notes.

District of Columbia

Permitted in the discretion of the trial judge in criminal cases: Murphy v. U. S., 670 A.2d 1361 (D.C. 1996); no statute, rule, or case law in civil cases, but no reason to believe the rule is otherwise.

Florida

West's Florida Statutes Annotated Jury duty and instructions in civil cases

(2) In any civil action which the court determines is likely to exceed 5 days, the court shall instruct that the jurors may take notes regarding the evidence and keep the notes to refresh their memories and to use during recesses and deliberations. The court may provide materials suitable for this purpose. The court should emphasize the confidentiality of the notes. After the jury has rendered its verdict, any notes shall be collected by the bailiff or clerk who shall promptly destroy them.

For criminal cases, note taking is discretionary with the trial judge: Kelley v. State, 486 So.2d 578 (Fla. 1986).

Georgia

 Discretionary with the trial judge in both civil (Leverett v. Flint Fuel, Inc., 357 S.E.2d 882 (Ga. 1987)) and criminal (Potts v. State, 376 S.E.2d 851 (Ga. 1989).

Hawaii

Hawaii Rules of Penal Procedure, Rule 24 Trial jurors.

(e) Note taking by jurors. Except upon good cause articulated by the court, jurors shall be allowed to take notes during trial. The court's good cause finding need not be written, but must be articulated clearly in a reported proceeding.

Hawaii Rules of Civil Procedure, Rule 47 Jurors.

(d) Note taking by jurors. Except upon good cause articulated by the court, jurors shall be allowed to take notes during trial. The court's good cause findings need not be written, but must be articulated clearly in a reported proceeding.

Idaho

Rules of Civil Procedure, Rule 47(o) Notes by jurors -- Juror notebooks.

(1) A juror may take or make written notes during a trial and take them with the juror when the jury retires for deliberation. The court shall give the jury appropriate instruction on how to exercise the right to take notes. At the conclusion of the proceedings, the Court shall take custody of the notes and provide for their destruction.

(2) In the discretion of the court, jurors may be provided notebooks containing documents for use by the jurors during trial to aid them in performing their duties. Notebooks may contain, but are not required to have or be limited to: (1) a copy of all jury instructions; (2) juror notes; (3) the names of witnesses, including photographs and biographies; (4) copies of exhibits, including an index thereto, but excepting depositions, and (5) a glossary of technical terms.

Idaho Criminal Rules (I.C.R.), Rule 24.1 Notes by jurors -- Juror notebooks.

(a) Jury notes. A juror may take or make written notes during a trial and take them with the juror when the jury retires for deliberation. The court shall give the jury appropriate instruction in how to exercise the right to take notes. At the conclusion of the proceedings, the Court shall take custody of the notes and provide for their destruction.

Illinois

705 ILCS 315/1 Jury Secrecy Act: Secrecy of proceedings of petit jury

(b) A petit juror in any court of the State of Illinois shall be entitled to take notes in connection with and solely for the purpose of assisting him in the performance of his duties as juror, and the sheriff of the county in which such juror is serving shall provide writing materials for that purpose. Such notes shall remain confidential, and shall be destroyed by the sheriff after the verdict has been returned or a mistrial declared.

725 ILCS 5/115-4 Criminal Procedure: Trial by Court and Jury

(n) The members of the jury shall be entitled to take notes during the trial, and the sheriff of the county in which the jury is sitting shall provide them with writing materials for this purpose. Such notes shall remain confidential, and shall be destroyed by the sheriff after the verdict has been returned or a mistrial declared.

Indiana

Jury Rules, Rule 20 Preliminary Instructions (Civil)

(a) The court shall instruct the jury before opening statements by reading the appropriate instructions which shall include at least the following:

(4) that each juror may take notes during the trial and paper shall be provided, but note taking shall not interfere with the attention to the testimony;

In criminal cases, within the discretion of the trial judge: Stephenson v. State, 742 N.E.2d 463 (Ind. 2001).

Iowa

Ia.Civil Rule 1.926 Materials available to jurors

(1) Notes. Jurors shall be permitted to take notes during the trial using materials to be provided by the court on the request of any juror. The court shall instruct the jury that the notes are not evidence and must be destroyed at the completion of the jury's deliberations.

(2) What jury may take to jury room. When retiring to deliberate, jurors may take their notes with them and shall take with them all exhibits in evidence except as otherwise ordered. Depositions shall not be taken unless all of the evidence is in writing and none of it has been stricken.

Ia. Crim. Rule 2.19 Trial

e. Notes taken by jurors during trial; exhibits used during deliberations. Notes may be taken by jurors during the testimony of witnesses. All jurors shall have an equal opportunity to take notes. The court shall instruct the jury to mutilate and destroy any notes taken during the trial at the completion of the jury's deliberations. Upon retiring for deliberations the jury may take with it all papers and exhibits which have been received in evidence, and the court's instructions; provided, however, the jury shall not take with it depositions, nor shall it take original public records and private documents as ought not, in the opinion of the court, to be taken from the person possessing them.

Kansas

Within the discretion of the trial judge in both civil (Johnson v. State Highway Commission, 366 P.2d 282 (Kan. 1961) and criminal (State v. Walker, 26 P.3d 645 (Kan. 2001) cases.

Kentucky

The Kentucky rule immediately following assumes that notes can be acceptable because it authorizes jurors to take them into the deliberations. The rule concerning when notes can be taken is thatnote taking is within the discretion of the trial judge: Harper. Commonwealth, 694 S.W.2d 665 (Ky. 1985). No statutes, rules, or case law exist concerning note taking in civil cases.
Ky R.Crim. P. 9.72 Jury to take exhibits

Upon retiring for deliberation the jury may take all papers and other things received as evidence in the case. The jurors shall be permitted to take into the jury room during their deliberations any notes they may have made during the course of the trial, but upon request of either party the jury shall be admonished that the notes made by jurors shall not be given any more weight in deliberation than the memory of other jurors.

Louisiana

LSA-R.S. 38:379. Taking evidence to jury room (Land condemnation cases)

In reaching a verdict, the jurors should rely upon their memories, and when they retire to the jury room to deliberate, they shall not be allowed access to any written evidence or to any notes of the testimony of any witness. . . .

LSA-R.S. 48:451.18. Taking evidence to jury room (Land condemnation cases)

In reaching a verdict, the jurors should rely upon their memories, and when they retire to the jury room to deliberate, they shall not be allowed access to any written evidence or to any notes of the testimony of any witness. . . .

LSA-R.S. 1794. Taking evidence to jury room (Other civil cases)

A. Jurors shall be permitted to take notes. The court shall provide the needed writing implements. Jurors may, but need not, take notes and such notes as are taken may be used during the jury's deliberations but shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of the trial and the jury's deliberations. At each recess prior to jury deliberation, the court shall collect and maintain any and all notes made by each juror and upon reconvening, the court shall return to each juror his individual notes and shall cause the notes to be destroyed immediately upon return of the verdict.

LSA-C.Cr.P. Art. 793 Use of evidence in jury room; reading of recorded testimony; jurors' notes

A. Except as provided in Paragraph B of this Article, a juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not be repeated to the jury. Upon the request of a juror and in the discretion of the court, the jury may take with it or have sent to it any object or document received in evidence when a physical examination thereof is required to enable the jury to arrive at a verdict.

B. A juror shall be permitted to take notes when agreement to granting such permission has been made between the defendant and the state in open court but not within the presence of the jury. The court shall provide the needed writing implements. Jurors may, but need not, take notes and such notes may be used during the jury's deliberations but shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of trial and the jury's deliberation and shall cause the notes to be destroyed immediately upon return of the verdict.

C. The lack of consent by either the defendant or the state to allow a juror to take notes during a trial shall not be communicated to the jury.

Maine

Maine Rules of Civil Procedure, Rule 47 Jurors

(e) Note-Taking by Jurors. The court in its discretion may allow jurors to take handwritten notes during the course of the trial. If note-taking is allowed, the court shall instruct the jury on the note-taking procedure and on the appropriate use of the notes. Unless the court determines that special circumstances exist that should preclude it, jurors should be allowed to take their notes into the jury room and use them during deliberations. Counsel may not request or suggest to a jury that jurors take notes or comment upon their note-taking. Upon the completion of jury deliberations, the notes shall be immediately collected and, without inspection, physically destroyed under the court's direction.

Maine Rules of Criminal Procedure, Rule 24 Trial Jurors

(f) Note-Taking by Jurors. The court in its discretion may allow jurors to take handwritten notes during the course of the trial. If note-taking is allowed, the court shall instruct the jury on the note-taking procedure and on the appropriate use of the notes. Unless the court determines that special circumstances exist that should preclude it, jurors should be allowed to take their notes into the jury room and use them during deliberations. Counsel may not request or suggest to a jury that jurors take notes or comment upon their note-taking. Upon the completion of jury deliberations, the notes shall be immediately collected and, without inspection, physically destroyed under the court's direction.

Maryland

Md. Civ. R. 2-521 Jury—Review of Evidence--Communications

(a) Jurors' Notes. The court may, and upon request of any party shall, provide paper notepads for use by jurors during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the jurors' notes after the trial. A juror's notes may not be reviewed or relied upon for any purpose by any person other than the juror. If a juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation.

(b) Items Taken to Jury Room. Jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take exhibits that have been admitted in evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and consent of the court. Written or electronically recorded instructions may be taken into the jury room only with the permission of the court.

Md. Crim. R. 4-326 Jury—Review of Evidence--Communications

(a) Jurors' Notes. The court may, and upon request of any party shall, provide paper notepads for use by jurors during trial and deliberations. The court shall maintain control over the jurors' notes during the trial and promptly destroy the jurors' notes after the trial. A juror's notes may not be reviewed or relied upon for any purpose by any person other than the juror. If a juror is unable to use a notepad because of a disability, the court shall provide a reasonable accommodation.

(b) Items Taken to Jury Room. Jurors may take their notes with them when they retire for deliberation. Unless the court for good cause orders otherwise, the jury may also take the charging document and exhibits which have been admitted into evidence, except that a deposition may not be taken into the jury room without the agreement of all parties and the consent of the court. Electronically recorded instructions or oral instructions reduced to writing may be taken into the jury room only with the permission of the court. On request of a party or on the court's own initiative, the charging documents shall reflect only those charges on which the jury is to deliberate. The court may impose safeguards for the preservation of the exhibits and the safety of the jurors.

Massachusetts

Superior Court Rule 8A Notes by Jurors

In any case where the court, in its discretion, permits jurors to make written notes concerning testimony and other evidence, the trial judge shall precede the announcement of permission to make notes with appropriate guidelines. Upon the recording of the verdict or verdicts, the notes of the jurors shall be destroyed by direction of the trial judge. Jurors may also be granted permission by the trial judge to make notes during summation by counsel and during the judge's instructions to the jury on the laws.

Michigan

No statutes, rules, or case law exist concerning note taking in civil cases, except for land condemnation cases:
M.C.L.A. 213.64 Jury use of maps, plans or exhibits (Land condemnation cases)

Sec. 14. To assist the jury in arriving at its verdict the court may allow the jury when it retires to take with it notes and any map, plan, or other exhibit admitted in the case as an exhibit.

Mich. Court R. 6.414 Criminal Procedure: Conduct of Jury Trial

(C) Note Taking by Jurors. The court may permit the jurors to take notes regarding the evidence presented in court. If the court permits note taking, it must instruct the jurors that they need not take notes and that they should not permit note taking to interfere with their attentiveness. The court also must instruct the jurors both to keep their notes confidential except as to other jurors and to destroy their notes when the trial is concluded.

Minnesota

M.S.A. § 546.15 Jurors may take certain papers

On retiring for deliberation, the jury may take with them all papers received in evidence except depositions; but the court may direct that copies be made for their use of such records and documents as ought not, in its judgment, to be taken from those entitled to their possession. The jurors may also take with them notes of the testimony and proceedings made by themselves, but none others. All such papers, except the notes aforesaid, shall be returned to the court administrator before the jurors are discharged.

49 M.S.A., Rules Crim.Proc., Rule 26.03

Subd. 12. Note Taking. Jurors may take notes of the evidence presented at the trial and may keep these notes with them when they retire for deliberation.

Minn. Civ. Trialbook Section 7 Preliminary Instructions

After the jury is sworn, but before opening statements, the judge shall instruct the jurors generally as follows:

(3) that the jurors will be supplied with note pads and pencils, on request, and that they may only take notes on the subject of the case for their personal use, though they may bring such notes with them into the jury room once they commence deliberations in the case. The jury should receive a cautionary instruction that they are to rely primarily on their collective recollection of what they saw and heard in the courtroom and that extensive note taking may distract them from properly fulfilling this function;

Mississippi

Uniform Rule of Court Practice 3.l4 Note Taking by Jurors

1. Note Taking Permitted in the Discretion of the Court. The court may, in its discretion, permit jurors to take written notes concerning testimony and other evidence. If the court permits jurors to take written notes, jurors shall have access to their notes during deliberations. Immediately after the jury has rendered its verdict, all notes shall be collected by the bailiff or clerk and destroyed.
2. Instructions. The court shall instruct the jury as to whether note taking will be permitted. If the court permits jurors to take written notes, the trial judge shall give both a preliminary instruction and an instruction at the close of all the evidence on the appropriate use of juror notes. These instructions shall be given in the following manner.
(a) Preliminary Instruction: Note Taking Forbidden
You may not take notes during the course of the trial. There are several reasons for this. It is difficult to take notes and, at the same time, pay attention to what a witness is saying. Further, in a group the size of yours, certain persons will take better notes than others will, and there is a risk that jurors who do not take good notes will depend on jurors who do. The jury system depends upon all jurors paying close attention and arriving at a decision. I believe that the jury system works better when the jurors do not take notes.
You will notice that we do have an official court reporter making a record of the trial; however, we will not have typewritten transcripts of this record available for your use in reaching a decision in this case.
(b) Preliminary Instruction: Note Taking Permitted
If you would like to do so, you may take notes during the course of the trial. On the other hand, you are not required to take notes if you prefer not to do so. Each of you should make your own decision about this. If you decide to take notes, be careful not to get so involved in note taking that you become distracted from the ongoing proceedings.
Notes are only a memory aid and a juror's notes may be used only as an aid to refresh that particular juror's memory and assist that juror in recalling the actual testimony. Each of you must rely on your own independent recollection of the proceedings. Whether you take notes or not, each of you must form and express your own opinion as to the facts of this case. An individual juror's notes may be used by that juror only and may not be shown to or shared with other jurors.
You will notice that we do have an official court reporter making a record of the trial; however, we will not have typewritten transcripts of this record available for your use in reaching a decision in this case.
(c) Use of Notes During Deliberations.
Jury Instruction # ___

Members of the Jury, shortly after you were selected I informed you that you could take notes and I instructed you as to the appropriate use of any notes that you might take. Most importantly, an individual juror's notes may be used by that juror only and may not be shown to or shared with other jurors. Notes are only a memory aid and a juror's notes may be used only as an aid to refresh that particular juror's memory and assist that juror in recalling the actual testimony. Each of you must rely on your own independent recollection of the proceedings. Whether you took notes or not, each of you must form and express your own opinion as to the facts of this case. Be aware that during the course of your deliberations there might be the temptation to allow notes to cause certain portions of the evidence to receive undue emphasis and receive attention out of proportion to the entire evidence. But a juror's memory or impression is entitled to no greater weight just because he or she took notes, and you should not be influenced by the notes of other jurors.
Thus, during your deliberations, do not assume simply because something appears in your notes that it necessarily took place in court.

Missouri

Mo. Rule 27.08 (Criminal) Juror Note-Taking

If the court allows juror note-taking, the court shall supply each juror with notebooks and pencils. Jurors shall not have their notes during recesses but may use their notes during deliberations. The court shall collect all juror notes immediately before discharge of the jury. After the jury is discharged, the court shall destroy the notes promptly without permitting their review by the court or any other person. Juror notes shall not be used to impeach a verdict.

Mo. R. Civ. P. 69.03 Juror Note-Taking

Upon the court's own motion or upon the request of any party, the court shall permit jurors to take notes. If jurors are permitted to take notes, the court shall supply each juror with suitable materials.

Jurors shall not take their notes out of the courtroom except to use their notes during deliberations.

The court shall collect all juror notes immediately before discharge of the jury.

After the jury is discharged, the court shall destroy the notes promptly without permitting their review by the court or any other person.

Juror notes shall not be used to impeach a verdict.

Montana

No statute, rule, or case law concerning note taking in civil cases.

Mont.Code 46-16-504 Criminal Procedure: Items that may be taken into jury room

Upon retiring for deliberation, the jurors may take with them the written jury instructions read by the court, notes of the proceedings taken by themselves, and all exhibits that have been received as evidence in the cause that in the opinion of the court will be necessary.

Nebraska

Permitted if parties agree in both civil (Paro v. Farm and Ranch Fertilizer, Inc., 499 N.W.2d 535 (Neb. 1983) and criminal (State v. Kipf, 450 N.W.2d 397 (Neb. 1990) cases.

Nevada

Nev. Rev. St. 16.130 Civil Practice: Jury may take papers, materials and notes of testimony when retiring for deliberation

Upon retiring for deliberation the jury may take with them all papers, except depositions, and all other items and materials which have been received as evidence in the cause, or copies of any such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them notes of the testimony, or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

Nev. Rev. St. 175.131 Criminal Procedure: Judge to inform jury of right to take notes

Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but he shall further caution them not to rely upon their respective notes in case of conflict among them, because the reporter's notes contain the complete and authentic record of the trial.

Nev. Rev. St. 175.441 Criminal Procedure: Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation

Upon retiring for deliberation, the jury may take with them:

1. All papers and all other items and materials which have been received as evidence in the case, except depositions or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession.

2. The written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

New Hampshire

Superior Court Rule 64-A Procedure During Trial

It is within the Court's discretion to permit jurors to take notes on evidence. If note taking is allowed, after the opening statements the Court will supply each juror with a pen and notebook to be kept in the juror's possession in the court and jury rooms, and to be collected and held by the bailiff during any recess in which the jurors may leave the courthouse and during arguments and charge. After verdict, the Court will immediately destroy or order the destruction of all notes.

New Jersey

N. J. R. Court of Gen. Application. 1:8-8 Jury: Materials to be Submitted to the Jury; Note-taking

(b) Juror Note-taking. Prior to opening statements, the attorneys or any party may request that the jury be permitted to take notes during the trial or portion thereof, including opening and closing statements. If the court determines to permit note-taking after all parties have had an opportunity to be heard, it shall provide the jurors with note-taking materials and shall take such steps as will ensure the security and confidentiality of each juror's notes.

New Mexico

N. M. St. Ct. R. Unif. Jury Instructions (Civil) 13-106 Admonitions to Jury on Conduct

8. [You are not permitted to take notes during the trial. In your deliberations you must rely on your individual memories of the evidence in the case.] [You are permitted to take notes during trial, and the court will provide you with note taking material if you wish to take them. However, if you choose to take notes, be sure that your note taking does not interfere with your listening to and considering all the evidence. It is difficult to take notes and at the same time pay attention to what a witness is saying. In your deliberations you should rely on your own memory of the evidence rather than on the written notes of another juror. Do not take your notes with you at the end of the day or discuss them with anyone before you begin your deliberations.] If exhibits such as pictures, drawings, maps, written documents and the like are received in evidence and passed among you for examination, you must not comment with other jurors or whisper back and forth about them. Each juror must study the exhibit alone. Do not assist your neighboring juror.

N. M. St. Ct. R.14-101 Unif. Jury Instructions (Criminal) 14-101 Explanation of Trial Procedure

[You are not permitted to take notes during the trial. In your deliberations you must rely on your individual memories of the evidence in the case.

[You are permitted to take notes during trial, and the court will provide you with note taking material if you wish to take them. However, if you choose to take notes, be sure that your note taking does not interfere with your listening to and considering all the evidence. It is difficult to take notes and at the same time pay attention to what a witness is saying. In your deliberations you should rely on your own memory of the evidence rather than on the written notes of another juror. Do not take your notes with you at the end of the day or discuss them with anyone before you begin your deliberations.

N. M. St. Ct. R.14-7010 Unif. Jury Instructions (Criminal—Death Penalty) 14-101 Explanation of Death Penalty Sentencing Proceeding, Single Aggravating Circumstance

[You are permitted to take notes during trial, and the court will provide you with note taking material if you wish to take them. However, if you choose to take notes, be sure that your note taking does not interfere with your listening to and considering all the evidence. It is difficult to take notes and at the same time pay attention to what a witness is saying. In your deliberations you should rely on your own memory of the evidence rather than on the written notes of another juror. Do not take your notes with you at the end of the day or discuss them with anyone before you begin your deliberations.

N. M. St. Ct. R.14-7011 Unif. Jury Instructions (Criminal—Death Penalty) 14-101 Explanation of Death Penalty Sentencing Proceeding, Multiple Aggravating Circumstances

[You are permitted to take notes during the sentencing proceeding, and the court will provide you with note taking material if you wish to take them. However, if you choose to take notes, be sure that your note taking does not interfere with your listening to and considering all the evidence. It is difficult to take notes and at the same time pay attention to what a witness is saying. In your deliberations you should rely on your own memory of the evidence rather than on the written notes of another juror. Do not take your notes with you at the end of the day or discuss them with anyone before you begin your deliberations.

N. M. St. Ct. R.14-9002 Unif. Jury Instructions (Children’s Court) 14-9002 Explanation of Trial Procedure
NMRA, Crim. UJI 14-9002

[You are not permitted to take notes during the trial. In your deliberations you must rely on your individual memories of the evidence in the case. [You are permitted to take notes during trial, and the court will provide you with note taking material if you wish to take them. However, if you choose to take notes, be sure that your note taking does not interfere with your listening to and considering all the evidence. It is difficult to take notes and at the same time pay attention to what a witness is saying. In your deliberations you should rely on your own memory of the evidence rather than on the written notes of another juror. Do not take your notes with you at the end of the day or discuss them with anyone before you begin your deliberations.

New York

N.Y.Ct.Rules, § 220.10 Note-taking by Jurors

(a) Application. This section shall apply to all cases, both civil and criminal, heard by a jury in any court.
(b) After the jury has been sworn and before any opening statements or addresses, the court shall determine if the jurors may take notes at any stage of the proceedings. In making this determination, the court shall consider the probable length of the trial and the nature and complexity of the evidence likely to be admitted.
(c) If the court authorizes note-taking, it shall direct the jurors that they may make written notes if they so desire and that the court will provide materials for that purpose if they so request. The court also shall instruct the jurors in the proper use of any notes taken, and its instructions shall include but not be limited to the following:
(1) Jurors should not permit their note-taking to distract them from the proceedings;
(2) Any notes taken are only an aid to memory and should not take precedence over a juror's independent recollection;
(3) Those jurors who choose not to take notes should rely on their own independent recollection of the evidence and should not be influenced by any notes that another juror may take;
(4) Any notes taken are only for the note-taker's own personal use in refreshing his or her recollection of the evidence;
(5) If there is a discrepancy between a juror's recollection of the evidence and the juror's notes, the jury should request a read back of the record and the court's transcript prevails over a juror's notes; and
(6) Notes are not a substitute for the official record or for the governing principles of law as enunciated by the trial court.
These instructions shall be repeated at the conclusion of the case as part of the court's charge prior to the commencement of jury deliberations.
(d) The court shall require the jurors to print their names or other identifier on the cover of the binder that contains the notes and shall collect each juror's notes at the end of each trial day until the jury retires to deliberate. The jurors may refer to their notes during the proceedings and deliberations.
(e) Any notes taken are confidential and shall not be available for examination or review by any party or other person. After the jury has rendered its verdict, the court shall ensure that the notes are promptly collected and destroyed.

North Carolina

No statute, rule, or case law in civil cases.

N.C.G.S.A. § 15A-1228 Criminal Procedure: Notes by the jury

Except where the judge, on the judge's own motion or the motion of any party, directs otherwise, jurors may make notes and take them into the jury room during their deliberations.

North Dakota

N. D. Code 28-14-17 Judicial Procedure: Civil: Trial by Jury

Upon retiring for deliberation, the jurors may take with them all papers which have been received as evidence in the cause, except depositions or copies of such papers as ought not in the opinion of the court to be taken from the person having them in possession, and they also may take with them notes of the testimony or other proceedings on the trial taken by any juror, but none taken by any other person.

N.D. Code 29-22-04 Judicial Procedure: Criminal: Jury After Submission of Cause and Verdict: What Papers Jurors May Take

Upon retiring for deliberation, the jurors may take with them:

3. Notes of the testimony, or other proceedings on the trial, taken by jurors themselves or any of them, but none taken by any other person; and

Rule 6.7, N.D.R.Ct. 6.7 Trials: Juror note taking

The court may allow jurors to take notes during trial with supplies provided by the court. If note taking is allowed, the court shall give a cautionary instruction informing the jurors:
(1) any notes must pertain to the case;
(2) extensive note taking may distract them from properly fulfilling their function; and
(3) they should rely primarily on their collective recollection of what was seen and heard, and not on any particular juror's notes.
If the court directs, all notes taken must be returned after deliberation and destroyed.

Ohio

Permitted in criminal cases in the trial judge’s discretion: State v. Waddell, 661 N.E.2d 103 (Ohio 1996); no statute, rule, or case law in civil cases, but no reason to believe the rule is otherwise.

Oklahoma

Permitted in both civil (State ex rel. Department of Highways v. Lehman, 462 P.2d 649 (Okla. 1969) and criminal (Glazier v. State, 514 P.2d 87 (Okla. Crim. 1973).
Oregon

Or. R. Civ. P. 59 Instructions to jury and deliberation

C(4) Notes. Jurors may take notes of the testimony or other proceeding on the trial and may take such notes into the jury room.

No rule, statute, or case law exists concerning note taking in criminal cases.

Pennsylvania

Pa.R.C.P. No. 223.2 Conduct of the Jury Trial. Juror Note Taking

(a)(1) Whenever a jury trial is expected to last for more than two days, jurors, except as otherwise provided by subdivision (a)(2), may take notes during the proceedings and use their notes during deliberations.

Note: The court in its discretion may permit jurors to take notes when the jury trial is not expected to last for more than two days.

(2) Jurors are not permitted to take notes when the judge is instructing the jury as to the law that will govern the case.

(b) The court shall give an appropriate cautionary instruction to the jury prior to the commencement of the testimony before the jurors. The instruction shall include:

(1) Jurors are not required to take notes and those who take notes are not required to take extensive notes,

(2) Note taking should not divert jurors from paying full attention to the evidence and evaluating witness credibility,

(3) Notes are merely memory aids and are not evidence or the official record,

(4) Jurors who take few or no notes should not permit their independent recollection of the evidence to be influenced by the fact that other jurors have taken notes,

(5) Notes are confidential and will not be reviewed by the court or anyone else,

(6) A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose the contents during deliberations,

(7) Jurors shall not take their notes out of the courtroom except to use their notes during deliberations, and

(8) All juror notes will be collected after the trial is over and immediately destroyed.

Note: It is recommended that the trial judge instruct the jurors along the following lines:
We will distribute notepads and pens to each of you in the event you wish to take notes during the trial. You are under no obligation to take notes and those who take notes are not required to take extensive notes.
Remember that one of your responsibilities as a juror is to observe the demeanor of witnesses to help you assess their credibility. If you do take notes, do not become so involved with note taking that it interferes with your ability to observe a witness or distracts you from hearing other answers being given by the witness.
Your notes may help you refresh your recollection of the testimony and should be treated as a supplement to, rather than a substitute for, your memory. Your notes are only to be used by you as memory aids and are not evidence or the official record.
Those of you who do not take notes should not permit your independent recollection of the evidence to be influenced by the fact that other jurors have taken notes. It is just as easy to write something down incorrectly as it is to remember it incorrectly and your fellow jurors' notes are entitled to no greater weight than each juror's independent memory. Although you may refer to your notes during deliberations, give no more or no less weight to the view of
a fellow juror just because that juror did or did not take notes.
Each time that we adjourn, your notes will be collected and secured by court staff. Jurors shall not take their notes out of the courtroom except to use their notes during deliberations.
A juror may not show his or her notes or disclose their contents to other jurors until deliberations begin, but may show the notes or disclose their contents during deliberations. The only notes you may use during the deliberations are the notes you write in the courtroom during the proceedings on the materials distributed by the court staff.
Your notes are completely confidential and will not be reviewed by the court or anyone else. After the trial is over, your notes will be collected by court personnel and immediately destroyed.

(c) The court shall

(1) provide materials suitable for note taking,

Note: The materials provided by the court are the only materials that jurors may use for note taking.

(2) safeguard all juror notes at each recess and at the end of each trial day, and

(3) collect all juror notes as soon as the jury is dismissed and, without inspection, immediately destroy them.

(d)(1) Neither the court nor counsel may (i) request or suggest that jurors take notes, (ii) comment on their note taking, or (iii) attempt to read any notes.

(2) Juror notes may not be used by any party to the litigation as a basis for a request for a new trial.

Note: A court shall immediately deny a litigant's request that juror notes be placed under seal until they are reviewed in connection with a request for a new trial on any ground, including juror misconduct. The notes shall be
destroyed without inspection as soon as the jury is dismissed.

(e) This rule is rescinded as of December 31, 2005.

Explanatory Comment--2003

Rule 223.2 is a new rule providing for note taking by jurors in civil cases. It is a temporary rule promulgated for the purpose of assessing whether juror note taking in civil cases is beneficial to the system of justice in Pennsylvania.

Pa.R.Crim.P. Rule 644

The jurors shall not be permitted to take notes during the course of the trial.

Rhode Island

Permitted in discretion of trial judge in criminal cases: State v. Rose, 748 A.2d 1283 (R.I. 2000); no statute, rule, or case law concerning civil cases, but no reason to believe the rule is otherwise.

South Carolina

Permitted in the discretion of the trial judge in both civil (South Carolina State Highway Department v. J. W. Condor Co., 204 S.E.2d 381 (S.C. 1974) and criminal (State. v. South, 331 S.E.2d 775 (S.C. 1985).

South Dakota

The statute following shows that note taking is sometimes permitted because it permits jurors to take the notes into deliberations.

SDCL. § 15-14-20 Civil Procedure: Papers, exhibits, and notes taken into jury room

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions and such papers and exhibits as ought not, in the opinion of the court, to be taken from the person having them in his possession; and they may also take with them notes of the testimony or other proceedings on the trial taken by themselves, or any of them, but none taken by any other person.

No statute, rule, or case law on note taking in criminal cases.

Tennessee

Tenn. R. Civ.P., Rule 43A.01 Juror Information: Juror Note taking

Jurors shall be instructed that they may take notes during the trial. The court shall provide suitable materials for this purpose. Jurors shall have access to their notes during recesses and deliberations. After the jury has rendered a verdict, the notes shall be collected by court personnel who shall destroy them promptly.

Tenn. R. Crim. P., Rule 24.1 Juror Information

(a) Note taking. Jurors shall be instructed that they may take notes during the trial. The court shall provide suitable materials for this purpose. Jurors shall have access to their notes during recesses and deliberations. After the jury has rendered a verdict, the notes shall be collected by court personnel who shall destroy them promptly.

Texas

Permitted in the discretion of the trial judge in criminal cases: Price v. State, 887 S.W.2d 949 (Tex. Crim. App. 1994); recognized as useful in a civil case: In re Ethyl Corp., 975 S.W.2d 606 (Tex. 1998).

Utah

Utah R. Civ. P. 47

(n) Exhibits taken by jury; notes. Upon retiring for deliberation the jury may take with them the instructions of the court and all exhibits which have been received as evidence in the cause, except exhibits that should not, in the opinion of the court, be in the possession of the jury, such as exhibits of unusual size, weapons or contraband. The court shall permit the jury to view exhibits upon request. Jurors are entitled to take notes during the trial and to have those notes with them during deliberations. As necessary, the court shall provide jurors with writing materials and instruct the jury on taking and using notes.


Utah R.Crim. P.17

(l) Upon retiring for deliberation, the jury may take with them the instructions of the court and all exhibits which have been received as evidence, except exhibits that should not, in the opinion of the court, be in the possession of the jury, such as exhibits of unusual size, weapons or contraband. The court shall permit the jury to view exhibits upon request. Jurors are entitled to take notes during the trial and to have those notes with them during deliberations. As necessary, the court shall provide jurors with writing materials and instruct the jury on taking and using notes.

Vermont

Vt. R. Civ. P. 39

(e) Juror Note taking. The court may permit the jurors to take notes regarding the evidence. At the beginning of a trial where note-taking is permitted, a pad and pencil or pen shall be made available to each juror. Any notes taken by jurors during a trial shall remain confidential to the jury and shall not be admissible in evidence for any purpose. To protect the confidentiality of notes taken by jurors, envelopes shall be provided in which jurors may leave their notes in a secure location during recesses. Jurors may keep their notes with them during their deliberations. After the jury has rendered its verdict, the jurors' notes shall be collected by the clerk or court officer and promptly destroyed.

There is a similar rule proposed for criminal cases in R. Crim. P. 18.6(d), but in any event, note taking in criminal cases is already within the trial judge’s discretion: State v. Muscari, 807 A.2d 407 (Vt. 2002).
RULE 39. TRIAL BY JURY OR BY THE COURT; ACTIONS IN LAW AND EQUITY

Virginia

S. Ct. R, 1:23 General Rules Applicable to All Proceedings: Note Taking by Jurors

A. The court, in the exercise of its discretion, may permit jurors to take notes during the trial.

B. If notes are taken by any of the jurors, at the conclusion of each day of a trial, the court shall collect juror notes and provide for their security until the trial resumes. Upon conclusion of the trial, the court shall collect and destroy all juror notes.

Washington

Rev. Code Wash. Criminal Procedure Appendix of Rules: Rule 6.8 Note Taking by Jurors

In all cases, jurors shall be allowed to take written notes regarding the evidence presented to them and keep these notes with them during their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.

[See also an identical rule 6.8 for Criminal Courts of Limited Jurisdiction]

Superior Court Civil Rules 47 Jurors

(j) Note-Taking by Jurors. In all cases, jurors shall be allowed to take written notes regarding the evidence presented to them and keep these notes with them during their deliberation. The court may allow jurors to keep these notes with them in the jury room during recesses, in which case jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. Such notes should be treated as confidential between the jurors making them and their fellow jurors, and shall be destroyed immediately after the verdict is rendered.

[See also an identical rule 38 for Civil Courts of Limited Jurisdiction]

West Virginia

Permitted in the trial judge’s discretion in criminal cases: State v. Triplett, 421 S.E.2d 511 (W.Va. 1992).

Wisconsin

Wis. St. 805.13. Jury instructions; note-taking; form of verdict

(2) Preliminary instructions and note-taking. (a) After the trial jury is sworn, the court shall determine if the jurors may take notes of the proceedings:

1. If the court authorizes note-taking, the court shall instruct the jurors that they may make written notes of the proceedings, except the opening statements and closing arguments, if they so desire and that the court will provide materials for that purpose if they so request. The court shall stress the confidentiality of the notes to the jurors. The jurors may refer to their notes during the proceedings and deliberation. The notes may not be the basis for or the object of any motion by any party. After the jury has rendered its verdict, the court shall ensure that the notes are promptly collected and destroyed.

2. If the court does not authorize note-taking, the court shall state the reasons for the determination on the record.

Wis. St. 972.10 Criminal Trials: Order of Trials

(1)(a) After the selection of a jury, the court shall determine if the jurors may take notes of the proceedings:

1. If the court authorizes note-taking, the court shall instruct the jurors that they may make written notes of the proceedings, except the opening statements and closing arguments, if they so desire and that the court will provide materials for that purpose if they so request. The court shall stress the confidentiality of the notes to the jurors. The jurors may refer to their notes during the proceedings and deliberation. The notes may not be the basis for or the object of any motion by any party. After the jury has rendered its verdict, the court shall ensure that the notes are promptly collected and destroyed.

2. If the court does not authorize note-taking, the court shall state the reasons for the determination on the record.

Wyoming

Wyo. R. Civ. P. 39.1 Jury trial; jury note taking; juror notebooks.

(a) Juror note taking. -- At the beginning of civil trials, the court shall instruct the jurors that they will be permitted to take notes during the trial if they wish to do so. The court shall provide each juror with appropriate materials for this purpose and shall give jurors appropriate instructions about procedures for note taking and restrictions on jurors' use of their notes. The jurors may take their notes with them for use during court recesses and deliberations, but jurors shall not be permitted to take their notes out of the courthouse. The bailiff or clerk shall collect all jurors' notes at the end of each day of trial and shall return jurors' notes when trial resumes. After the trial has concluded and the jurors have completed their deliberations, the bailiff or clerk shall collect all jurors' notes before the jurors are excused. The bailiff or clerk shall promptly destroy these notes.

Wyo. R. Crim. P. 24.1 Jury trial; jury note taking; juror notebooks.

(a) Juror note taking. -- At the beginning of criminal trials, the court shall instruct the jurors that they will be permitted to take notes during the trial if they wish to do so. The court shall provide each juror with appropriate materials for this purpose and shall give jurors appropriate instructions about procedures for note taking and restrictions on jurors' use of their notes. The jurors may take their notes with them for use during court recesses and deliberations, but jurors shall not be permitted to take their notes out of the courthouse. The bailiff or clerk shall collect all jurors' notes at the end of each day of trial and shall return jurors' notes when trial resumes. After the trial has concluded and the jurors have completed their deliberations, the bailiff or clerk shall collect all jurors' notes before the jurors are excused. The bailiff or clerk shall promptly destroy these notes.

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