North Dakota Jury Instruction Note-takingin— - For Inclusion in Final Charge When Note-Taking Permitted In a trial, it is important to ensure that the jurors have a fair and accurate understanding of the evidence presented. Note-taking is one tool that can aid jurors in recalling and analyzing the information presented during the trial. However, note-taking is not always allowed and is subject to the discretion of the judge. When note-taking is permitted, the North Dakota Jury Instruction on Note-Taking serves as a guideline for the jury. This instruction educates jurors on how to effectively and responsibly take notes during the trial proceedings. It outlines the following key points: 1. Purpose of Note-Taking: Jurors are instructed on the purpose of note-taking, which is to assist them in comprehending and assessing the evidence. Notes should aid memory recall, promote accurate understanding, and ensure fair deliberations. 2. Permission and Limitations: Jurors are informed about the circumstances under which they are permitted to take notes. The judge has the discretion to allow note-taking, and jurors must refrain from taking notes unless explicitly permitted. The instruction emphasizes that note-taking should not interfere with their ability to listen to the testimony or observe the proceedings. 3. Responsibility of Note-Takers: Jurors who are authorized to take notes are instructed to keep their notes confidential and only use them for their personal reference during deliberations. These notes should not be shown to other jurors or used to unduly influence their decision-making process. 4. Importance of Recall: Jurors are reminded that their ultimate decision must be based on their collective recollection of the evidence, rather than solely relying on their notes. They should not prioritize their written records over their memory or the collective discussion with fellow jurors. 5. Note Review: The instruction advises jurors on the appropriate time to review their notes. Jurors should review their notes during breaks or recesses, avoiding any distractions or potential bias that may arise from shared note-taking activities. It is important to note that there may be variations or additional types of North Dakota Jury Instructions — Note-Taking, depending on the specific circumstances of a trial and the judge's discretion. These variations may include instructions tailored to specific types of evidence, witness credibility, or legal procedures. In conclusion, the North Dakota Jury Instruction on Note-Taking provides jurors with guidance on how and when note-taking is permitted during a trial. This instruction ensures that jurors who engage in note-taking do so responsibly, prioritizing memory recall and fair deliberations while respecting the confidentiality of their notes.