Pennsylvania Jury Instruction - Note-Taking - Not Permitted

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US-11CRT-2-2
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Description

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

In ance with State law, a juror summoned to serve shall receive compensation at the rate of $9.00 a day for the first three days of service and $25.00 a day for each day thereafter. In addition, jurors shall be compensated for mileage at the rate of 17¢ per mile.

If you decide to take notes, you must follow these rules: You must not permit note-taking to distract you from the proceedings. Any notes taken are only an aid to your memory and must not take precedence over your independent recollection.

Ideally, jurors will write down any note that they feel they'd like to remember later when they deliberate. But, how will the jurors know what facts, evidence or other details are the most important to remember?

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.

2023 California Rules of Court 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.

Note Taking by Jurors. (A) Jurors shall be permitted to take notes during opening statements, the presentation of evidence, and closing arguments for their use during deliberations. (1) The jurors shall not take notes during the judge's charge at the conclusion of the trial.

The Court rarely grants requests to be excused, except for the following reasons: age 70 or older; nursing mother; caregiver for someone incapable of caring for themselves; or adverse medical conditions.

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Pennsylvania Jury Instruction - Note-Taking - Not Permitted