A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Three: The Trial Phase

3.4     Notetaking By Jurors   

NCJIC Materials Related To This Issues:

NCJIC 16.8 [Juror Notetaking]

The decision of whether to allow jurors to take notes is in the discretion of the trial judge. United States v. Vaccaro, 816 F.2d 443, 451 (9th Cir.), cert. denied, 484 U.S. 914 (1987), and 484 U.S. 928 (1987), abrogated on other grounds, Huddleston v. United States, 485 U.S. 681 (1988); United States v. Baker, 10 F.3d 1374, 1403 (9th Cir. 1993), cert. denied, 513 U.S. 934 (1994), overruled on other grounds, United States v. Nordby, 225 F.3d 1053 (9th Cir. 2000). If notetaking is permitted, the jurors should be given the preliminary instruction on taking notes. 9TH CIR. CRIM. JURY INSTR. 1.11 (2003); 9TH CIR. CIV. JURY INSTR. 1.11 (2001).

If notetaking is permitted, the court should instruct the jurors to leave the notes in the jury room or courtroom when the court is not in session. The jurors should also be told that the notes will be destroyed at the conclusion of the trial by the clerk.