N.Y. Comp. Codes R. & Regs. Tit. 22 § 220.12 - Juror notebooks
(a) Contents. At the discretion of the
trial court, in cases of appropriate complexity, the court may authorize the
distribution to each juror of identical notebooks, which may include copies of:
(1) selected exhibits that have
been ruled admissible (or excerpts thereof);
(2) stipulations of the
parties;
(3) other
material not subject to genuine dispute, which may include:
(i) curricula vitae of
experts;
(ii) lists or
seating charts identifying attorneys and their respective clients;
(iii) lists or indices of
admitted exhibits;
(iv) glossaries;
(v) chronologies or timelines;
and
(vi) other
material approved by the court for inclusion.
(b) Procedure to determine
contents.
(1) The court shall
require counsel to confer on the contents of the notebooks before trial begins
and at any appropriate time thereafter.
(2) If counsel cannot agree on the
contents of the notebooks, each party shall be afforded the opportunity to
submit its proposal and to comment upon any proposal submitted by another
party. The court shall be the final arbiter of the contents of the
notebooks.
(c) Use of notebooks at trial.
(1) At the time of distribution,
the court shall instruct the jurors concerning the purpose and use of the
notebooks.
(2) During
the course of trial, the court may permit the parties to supplement the
materials contained in the notebook with additional documents as these become
relevant and after they have been ruled admissible or otherwise approved by the
court for inclusion.
(3) The court shall collect the notebooks
at the end of each trial day until the jury retires to deliberate. The
notebooks shall be available to the jurors during deliberations.
(4) Whenever note-taking is
permitted by jurors, the court shall require the jurors to print their names or
other identifier on the cover of their notebooks.
Notes
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