South Carolina Wooten General Civil Jury Instruction
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FAQ
The jurors are the sole tryers of the facts in any case, criminal and civil, and the Constitution of South Carolina prohibits a judge from making any comment on the facts during the trial of a case, except when the jury is absent.
In general, it is not permitted. The judges feel it is important that jurors focus their attention on witnesses and information rather than on taking notes.
When you begin your deliberations, you may use your notes to help refresh your memory as to what was said in court. I caution you, however, not to give your notes or the notes of any of the other jurors undue significance. While taking notes, a juror may fail to hear important portions of testimony.
Jury instructions are directions from the judge to the jury regarding the applicable law specific to the case being tried. They serve as a guide to assist the jurors in understanding the legal and factual issues and in reaching a verdict.
Judge: Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them.
Circumstantial evidence is proof of a chain of facts and circumstances indicating the existence of a fact. The law makes absolutely no distinction between the weight or value to be given to either direct or circumstantial evidence.
Your notes are only to be used by you as memory aids and should not take precedence over your independent recollection of the facts. Those of you who do not take notes should not be overly influenced by the notes of other jurors.
Either party to a civil suit in magistrate's court is entitled to a trial by a jury. A party desiring a jury trial in a civil case must make a written request at least five working days prior to the original date set for trial.
The jurors were not allowed to take notes during the trial, but they could use notepads to jot down questions when they returned to the jury room during breaks.