New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 220 - Uniform Rules For Jury Selection And Deliberation
Subpart B - Uniform Rules for Juror Deliberation
Section 220.10 - Note-taking by jurors

Universal Citation: 22 NY Comp Codes Rules and Regs § 220.10

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Application. This section shall apply to all cases, both civil and criminal, heard by a jury in any court.

(b) After the jury has been sworn and before any opening statements or addresses, the court shall determine if the jurors may take notes at any stage of the proceedings. In making this determination, the court shall consider the probable length of the trial and the nature and complexity of the evidence likely to be admitted.

(c) If the court authorizes note-taking, it shall direct the jurors that they may make written notes if they so desire and that the court will provide materials for that purpose if they so request. The court also shall instruct the jurors in the proper use of any notes taken, and its instructions shall include but not be limited to the following:

(1) jurors should not permit their note-taking to distract them from the proceedings;

(2) any notes taken are only an aid to memory and should not take precedence over a juror's independent recollection;

(3) those jurors who choose not to take notes should rely on their own independent recollection of the evidence and should not be influenced by any notes that another juror may take;

(4) any notes taken are only for the note-taker's own personal use in refreshing his or her recollection of the evidence;

(5) if there is a discrepancy between a juror's recollection of the evidence and the juror's notes, the jury should request a readback of the record and the court's transcript prevails over a juror's notes; and

(6) notes are not a substitute for the official record or for the governing principles of law as enunciated by the trial court.

These instructions shall be repeated at the conclusion of the case as part of the court's charge prior to the commencement of jury deliberations.

(d) The court shall require the jurors to print their names or other identifier on the cover of the binder that contains the notes and shall collect each juror's notes at the end of each trial day until the jury retires to deliberate. The jurors may refer to their notes during the proceedings and deliberations.

(e) Any notes taken are confidential and shall not be available for examination or review by any party or other person. After the jury has rendered its verdict, the court shall ensure that the notes are promptly collected and destroyed.

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