6th Cir. Pattern Crim. Jury Instr. 8.10

(1) Remember that if you elected to take notes during the trial, your notes should be used only as memory aids. You should not give your notes greater weight than your independent recollection of the evidence. You should rely upon your own independent recollection of the evidence or lack of evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any more weight than the memory or impression of each juror.

(2) Whether you took notes or not, each of you must form and express your own opinion as to the facts of the case.

Use Note

If note-taking is permitted, the court should also give a preliminary instruction on juror note-taking.

Committee Commentary

(current through May 29, 2026)

In United States v. Johnson, 584 F.2d 148 (6th Cir. 1978), the Sixth Circuit held that it was within the sound discretion of the trial court to allow the jury to take notes during the course of trial and use them in deliberations. Id. at 157. The Sixth Circuit particularly noted that allowing the jury to take notes during the course of trial is appropriate where numerous

defendants are charged in a multi-count indictment. Id. at 158. The Committee recognizes the common practice of allowing the jury to take notes, especially in complex cases. This instruction is designed to accommodate that practice.

The language of the first paragraph is based upon the last two paragraphs of Eleventh Circuit Trial Instruction 2.1 (1997 ed.). The language of the second paragraph is based upon language in Fifth Circuit Pattern Instruction 1.02, Alternative B (2001 ed.).