CJI2d[NY] Jury Note-Taking

You may, but are not required to, take notes during these proceedings.²

If you wish to take notes, we will provide materials to you for that purpose.

If you decide to take notes, you must follow these rules:

You must not permit note-taking to distract you from the proceedings.

Any notes taken are only an aid to your memory and must not take precedence over your independent recollection.

Those jurors who choose not to take notes must rely on their own independent recollection, and must not be influenced by any notes that another juror may take.

Any notes you take are only for your own personal use in refreshing your recollection.

A juror's notes are not a substitute for the recorded transcript of the testimony [or for any exhibit received in evidence.] If there is a discrepancy between a juror's recollection and his or her notes regarding the evidence, you should ask to have the relevant testimony read back [or the exhibit produced in the jury room.]

In addition, a juror's notes are not a substitute for the detailed explanation I have given [or will give] you of the principles of law that govern this case. If there is a discrepancy between a juror's recollection and his or her notes regarding those principles, you should ask me to explain those principles again, and I will be happy to do so.

Each juror who intends to take notes shall print his or her

(name or other identifier) on (specify).

At the end of each trial day until the jury retires to deliberate, the notes will be collected from each juror who takes notes. A juror may only refer to his or her notes during the proceedings and during deliberations.

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, we will collect the notes and destroy them.