Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.
[1]We depend on the memory and judgement of all jurors to decide this case. If you want to take notes during the trial to help you remember what a witness said, you may do so. You may find it difficult, however, to take detailed, accurate notes and, at the same time, pay close attention to what witnesses are saying and how they are saying it.
[2]If you take notes, do not be distracted from your duty to observe the witnesses. You may always ask to hear a tape of a witness’s testimony or have some evidence read back to you, but you only have one chance to observe the appearance and behaviour of the witnesses when they testify.
[3]To protect the secrecy of your work, you must not take your notes with you at the end of our sittings each day. We will make arrangements to keep them in a secure place and return them to you when we resume sitting the following day.
[4]If you decide not to take notes, you must still listen carefully to the evidence.
[21]This instruction is optional and should only be given when the judge decides to tell jurors that they may take notes. When proceedings have been concluded, juror notes should be shredded.