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Cal. Rules of Court, rule 2.1036

Assisting the jury at impasse

activein force · 2007-01-01 – presentact-effective-date

(a) Determination

After a jury reports that it has reached an impasse in its deliberations, the trial judge may, in the presence of counsel, advise the jury of its duty to decide the case based on the evidence while keeping an open mind and talking about the evidence with each other. The judge should ask the jury if it has specific concerns which, if resolved, might assist the jury in reaching a verdict.

(b) Possible further action

If the trial judge determines that further action might assist the jury in reaching a verdict, the judge may:

(1) Give additional instructions;

(2) Clarify previous instructions;

(3) Permit attorneys to make additional closing arguments; or

(4) Employ any combination of these measures.

History

Rule 2.1036 adopted effective January 1, 2007. Comment See Judicial Council CACI No. 5013 and Judicial Council CALCRIM No. 3550.

Provenance

Source
courts.ca.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
c6ed79144244ee0305ed3547c10ecddf205ca826a311c045588f3d575fbc8900
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