Pennsylvania Jury Instruction - Note-Taking - Permitted
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How to fill out Jury Instruction - Note-Taking - Permitted?
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FAQ
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.
Some jurors may feel that notes are helpful, particularly if the case involves any complicated issues. Of course, you are not required to take notes, and some of you may feel that taking notes may be a distraction and interfere with hearing and evaluating all the evidence.
[You may take your notes back into the jury room and consult them during deliberations. But keep in mind that your notes are not evidence. When you deliberate, each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another juror has or has not taken notes.
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.
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?
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
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.
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.