NJ · jury_instructions
N.J. Model Criminal Jury Charge, N.J.S.A. Non 2C
Playback of Testimony
Approved 4/16/12
PLAYBACK OF TESTIMONY1
Members of the jury, you have requested a playback of the testimony of [name of
witness(es)]. The recorded testimony has been played for you. In your deliberations, you
are instructed to consider all of the eviden ce presented, and not give undue weight to the
testimony you have heard [and seen] played back.
1 In State v. Miller, 205 N.J. 109 (2011), the Court addressed the presence of different media within
a single trial and pronounced guidelines to accommodate juror requests for play back of testimony for
courts that use video and digital recording equipment to create the entire record, rather than court reporters.
While acknowledging and embracing advances in techno logy, as well as addressing the practical concerns
they raise, the Court authorized the presumptive use of video play backs but outlined precautionary steps to
guard against undue prejudice, including requiring trial judges to give this instruction to jurors at the time
the testimony is played back. Id. at 123. Judges retain the discretion to ask the jury if they want to hear
part or all of a witness’s testimony. Id. at 122-23.
History
Approved 4/16/12
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
ea5e5a37741cfe2a480a31bc6852c2c38e65ccad0ef79ff91bad1647f87cd15f
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