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JUROR NOTEBOOKS SHOULD BE PROVIDED IN LENGTHY OR COMPLEX CASES AND IN OTHER CASES AT THE JUDGE’S DISCRETION. THE NOTEBOOKS SHOULD CONTAIN INFORMATION THAT WILL HELP JURORS PERFORM THEIR DUTIES, SUCH AS PRELIMINARY INSTRUCTIONS, A SUMMARY OF CLAIMS AND DEFENSES, AND COPIES OF KEY EXHIBITS.
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Importance of
Juror Notebooks
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Juror notebooks can be a significant aid to juror comprehension and recall of evidence. The parties should prepare the notebook with court supervision. The tabbed notebook may contain:
- a trial schedule of days and hours court will be in session
- a seating chart for the courtroom that identifies all trial participants
- preliminary jury instructions
- a summary of the parties’ claims and defenses
- witnesses names, biographies, or photographs
- a glossary of technical terms
- copies of key exhibits and an index of all exhibits
- paper for taking notes
- final jury instructions
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Including
Exhibits
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Key exhibits admitted into evidence should be displayed to the jury in some fashion. If the number of exhibits makes it impractical to put them all in a juror notebook, the more important ones should be included. If the parties do not agree on which items to include, each party should be permitted a specified number of exhibits.
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Preliminary
Instructions
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The preliminary instructions should be replaced with final instructions before the judge reads them to the jury.
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Privacy of
Notebooks
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Notebooks should remain in the courtroom or jury room during trial and should be secured by the bailiff during overnight recesses. Jurors should be permitted to take their notebooks to the jury room during deliberations. Judges should decide whether jurors may keep the notebooks.
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References:
A.B.A. Litigation Section Report, Jury Comprehension in Complex Cases, 34-37 (1989).
G. Thomas Munsterman, et al., Jury Trial Innovations, 109-111 (1997).
John V. Singleton, “Jury Trial: History and Preservation”, 32 Trial Law. Guide 237, 279 (1988).
Ariz. R. Civ. Proc. Rule 47(g) (1999) (“In its discretion, the court may authorize documents and exhibits to be included in notebooks for use by the jurors during trial to aid them in performing their duties”).
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