N.Y. Comp. Codes R. & Regs. Tit. 22 § 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 readback 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.
Notes
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