00.090 Note Taking by Jurors

00.090 Note Taking by Jurors (Regarding juror note taking: I have asked the bailiff to provide you with pencils and note pads for your use during trial. You may take notes, but you are not required to do so. If you decide to take notes, please remember that note taking should not divert you from paying full attention to the evidence and evaluating witness credibility. Your observations of the witnesses during their testimony can be vital to your determination of the believability of their testimony. The notes that you take are for your use only and are not to be shared with anyone until you begin deliberation with your fellow jurors. Notes are not evidence, only memory aids, and should not take precedence over your recollection. It is the duty of each juror to recall the evidence, and while you may consider another juror's notes to refresh your memory, you should rely on your own recollection of the proceedings. Do not be influenced by the notes of other jurors, unless their notes help you in determining your own independent recollection. Notes are not entitled to any greater weight than the recollection or impression of each juror as to what the evidence may have been. After the trial is over, the notes will be collected and destroyed.) U.S. v. Rhodes, 631 F.2d 43 (5th Cir.) (1980) U.S. v. D. R. McLean, 578 F.2d 64 (3rd Cir.) (1978) Potts v. State, 259 Ga. 96 (1989) I instruct you, ladies and gentlemen, that you must decide this case for yourself solely on the testimony you hear from the witness stand and the exhibits admitted into evidence. You may not visit any scenes depicted by the evidence. You may not utilize any books or documents not in evidence during your deliberations. You may not read or listen to any accounts of the trial that might appear in the news media. You may not discuss this case with anyone other than your fellow jurors during deliberations. That concludes my preliminary instructions, and now we are ready for the lawyers to give their opening statements.