Washington State Courts - Jury Commission

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Improving the Trial Process for Jurors

29	COURT RULES SHOULD BE AMENDED TO ALLOW JURORS TO TAKE NOTES IN EVERY CASE, REGARDLESS OF THE LENGTH OR COMPLEXITY OF THE TRIAL. JURORS SHOULD BE PERMITTED TO REVIEW THEIR OWN NOTES IN THE JURY ROOM DURING RECESSES.
Current Practice	Although many judges in the state already allow jurors to take notes during trial, the practice is not universal. Jurors who take notes remember the evidence more accurately, apply the evidence to the law more accurately, are more attentive during trial, and are more satisfied with jury service.
Court Rules	Court rules currently allow jurors to take notes with the permission of the trial judge. These rules should be amended to allow jurors to take notes in every case.
Procedures for Taking Notes	The judge should instruct jurors using applicable pattern jury instructions. These instructions caution jurors about proper procedures for taking notes, about the importance of not allowing other jurors to see the notes before deliberations, and about notes not necessarily being more accurate than the memory or notes of other jurors. The court rules state that the notes should be destroyed immediately after the verdict is rendered.
	References: David C. Brody, et al., Judicial View on Jury Reform in the State of Washington in 1998-99, pp. 15 and 20 (survey results show that 86% of superior court judges and 49% of district and municipal court judges allow jurors to take notes in some or all cases). G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 141-43 (3^rd ed. 1997) (discussing research findings). CR 47(j), CRLJ 38(h), CrR 6.8, CrRLJ 6.8 (allowing jurors to take notes if the trial judge has given permission). Washington Pattern Jury Instruction (Criminal) 4.63 (2^nd ed. 1994). Washington Pattern Jury Instruction (Civil) 6.06.01 (3^rd ed. 1989).