(Instructions after Jury is Sworn)
(We
have provided each of you with a pad and pencil.) During the course of this
trial you will be permitted to take notes if you feel this would help you. I
emphasize that you are permitted, not required, to take notes. What you do or
do not write down is a strictly personal matter with each individual juror. No
one else will have a right to see your notes at any time. [The court should
discuss the steps that will be taken to ensure the security and confidentiality
of each juror’s notes.]
The
notes of a juror are not evidence. Notes may be used to refresh your
recollection, not to replace it. It is important that each of you pay attention
to all of the testimony. When a witness is on the stand, do not allow yourself
to be distracted by your own note-taking or that of a fellow juror. Your
understanding and recollection of the evidence will be more significant than a
note.
[1] See R. 1:8-8(b), which
authorizes trial judges, at their discretion, to permit jurors to take notes.
