Quick Answer: Can Jurors Take Notes During a NY Trial?

Yes, in New York civil and criminal trials, the trial judge has the discretion to allow jurors to take notes during witness testimony and presentations under 22 NYCRR § 202.40 and CPL § 310.20.

  • Who Decides? The presiding trial judge determines whether juror note-taking is permitted in a specific case.
  • Strict Rules: Juror notes are confidential, cannot be shared with anyone outside jury deliberations, and are destroyed by court staff at the conclusion of the trial.
  • Not Official Evidence: Notes serve only as memory aids and cannot replace the official transcript taken by the court reporter.

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New York Court Rules on Juror Note-Taking

Historically, courts restricted jurors from taking notes out of concern that note-takers might dominate jury deliberations or focus too heavily on written notes rather than observing witness demeanor. However, modern New York uniform court rules recognize that taking notes helps jurors stay engaged during long, technical testimony.

Under New York trial standards, when a judge permits note-taking, the court provides jurors with identical note pads and writing utensils. The judge also delivers specific cautionary instructions before trial begins.

Judicial Instructions and Guidelines for Jury Notes

Before trial testimony starts, the presiding judge typically instructs the jury on the proper use of notes:

  • Pay Attention to Witnesses: Jurors must not get so distracted writing that they miss non-verbal cues, tone of voice, or key testimony.
  • Memory Aid Only: Juror notes are meant solely to refresh memory and carry no greater weight than the recollection of jurors who chose not to take notes.
  • Confidentiality: Notes must remain in the courtroom or deliberation room at all times and are never viewed by the attorneys, judge, or public.

Trial strategy and presentation in personal injury lawsuits require deep knowledge of New York court procedure. If you were injured in a serious crash, speak with an experienced Staten Island personal injury trial attorney at Minchew & Santner, LLP to discuss your case.

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