OUJI-CIV No. 1.7

CAUTIONARY INSTRUCTION — NOTE TAKING BY JURORS

I have given you note pads and pens. You may take notes during the presentation of

evidence in this case. I do not require that any juror take notes. This is entirely up to you. If you

take notes, remember this:

1) Take notes sparingly. Do not try to write down all the testimony. The purpose of

taking notes is to help you remember. They should not take the place of your independent

memory of the testimony. Notes are helpful when dealing with measurements, times, distances,

identities and relationships.

2) You must pass on the credibility of the witnesses, and to do so , you must observe

them. Do not let note taking distract you from this duty.

3) If you do not take notes or take only a few notes, do not let your own indepe ndent

recollection of the evidence be influenced solely by the fact other jurors have taken notes.

4) Your notes are for your private use only. Do not share your notes with any other juror

during the presentation of the case. You may discuss your notes only with other jurors and only

after the case is submitted to you for deliberation.

During recesses and at the end of the day, leave your note pad in the courtroom. We will

lock the courtroom at night and during the noon recess.

OUJI 3d (Rev. 2008) Chapter 1

You will have access to your notes during deliberations. After the trial is over, please leave

your pads and pens in the deliberation room. No one will read your notes. They will not be

included in the official record in this case. The notes will be destroyed.