Conn. Crim. Jury Instr. 1.2-11

Note: The trial court has discretion to permit the jurors to take notes, but if it is allowed a

precautionary instruction must be given. Esaw v. Friedman, 217 Conn. 553 (1991).

You may, if you wish, take notes during the course of the trial. <Have the court officer or

marshal distribute note pads and pencils.> You are not required to take notes, even if all of

your fellow jurors do.

Let me emphasize some ground rules for you regarding note-taking. Notes are a sound tool to

help you refresh your recollection during the deliberative phase of this trial; however, notes, by

themselves, are not foolproof. If there is a conflict between your notes and your recollection, it

is your recollection that must prevail.

Additionally, if there is a conflict between your recollection and the notes of a fellow juror, it is

your recollection that should prevail. Your notes are not evidence. You will recall my earlier

definition of what constitutes evidence. Your verdict must be based exclusively on evidence

presented at trial and the principles of law given to you in my final instructions.

The note-taking process should not distract you from focusing on the witness because the

credibility you ascribe to a witness is critical. It is essential that you do not allow note-taking to

interfere with or to impede your ability to view the witness, to listen to him or her, and to size

him or her up; that is to properly evaluate the witness. You should not be so preoccupied with

taking notes that you overlook what the witness is saying and how that witness is saying it. You

may find that note-taking may distract you from giving full attention to a witness. You will need

to observe the demeanor of a witness while he or she is testifying. You will be able to get

testimony played back to you during your deliberations, so you do not need to make your own

record of exactly what was said.

There is no need to try to take a lot of notes or to take down the testimony word for word. You

may not make or modify any notes outside of court. Note pads will be collected at the end of

each trial day and kept secure and confidential by the marshal or court officer. No one will look

at them.

Whatever notes you take are confidential. You are not to exchange or discuss your notes with

your fellow jurors during the trial itself. You may discuss your notes, if you choose, during the

deliberation phase. Just as you cannot discuss or deliberate this case among yourselves until the

case has been completed, so too, you cannot exchange or discuss your notes until the trial has

been completed.

There is no requirement, of course, that you take notes. This is an option to be exercised by each

of you individually. Those of you who elect not to take notes will be no less conscientious than

jurors who take notes.

The juror who takes few or no notes should not permit his or her individual recollection to be

influenced by a juror whose notes may differ from that recollection. Notes are only a tool and

are not always accurate. Do not assume that a voluminous note-taker is taking notes that are

necessarily more accurate.

I take notes because I may be asked to rule on issues during the course of the evidence. Your

decision whether to take notes at any point should not be influenced by my note-taking.

Finally, notwithstanding note-taking by you and your fellow jurors, do not hesitate to seek a

reading of any portion of the testimony if you deem it essential during your deliberations.