California Criminal Jury Instructions (CALCRIM) (2017)

202. Note-Taking

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202.Note-Taking and Reading Back of Testimony
[You have been given notebooks and may have taken notes during the
trial. You may use your notes during deliberations.] Your notes are for
your own individual use to help you remember what happened during
the trial. Please keep in mind that your notes may be inaccurate or
incomplete. If there is a disagreement about the testimony [and
stipulations] at trial, you may ask that the court reporter’s record be
read to you. It is the record that must guide your deliberations, not
your notes. You must accept the court reporter’s record as accurate.
Please do not remove your notes from the jury room.
At the end of the trial, your notes will be (collected and
destroyed/collected and retained by the court but not as a part of the
case record/ <specify other disposition>).
New January 2006; Revised June 2007, April 2008, August 2009, February 2012
Instructional Duty
The court has a sua sponte duty to instruct the members of the jury that they may
take notes. California Rules of Court, Rule 2.1031.
The court may specify its preferred disposition of the notes after trial. No statute or
rule of court requires any particular disposition.
• Jurors’ Use of Notes. California Rules of Court, Rule 2.1031.
Secondary Sources
6 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Judgment,
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.05[1], Ch. 85, Submission to Jury and Verdict, § 85.05[2], [3], Ch.
87, Death Penalty, §§ 87.20, 87.24 (Matthew Bender).