§ Rule 39(d) Verdict, Deliberations and Conduct of Jury; Sealed Verdict; Access to Juror Notes and Notebooks

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Rule 39(d). Verdict, Deliberations and Conduct of Jury; Sealed Verdict; Access to Juror Notes and Notebooks

    1. Before the jury begins deliberating, the court shall instruct the jury on the law, the appropriate procedures to be followed during deliberations, and the appropriate method for reporting the results of its deliberations. Such instructions shall be recorded or reduced to writing and made available to the jurors during deliberations.

    2. When the jurors retire to deliberate, they shall be kept together in some convenient place in the charge of a proper officer. The court in its discretion may permit jurors to separate while not deliberating, or, on motion of any party or the court, may require them to be sequestered in the charge of a proper officer whenever they leave the courtroom or place of deliberation. The court shall admonish the jury not to converse among themselves or with anyone else on any subject connected with the trial while not deliberating, or to permit themselves to be exposed to any accounts of the proceeding, or to view the place or places where the events involved in the action occurred, until they have completed their deliberations.

    3. The court shall not require a jury to deliberate after normal work hours unless the court, after consultation with the jury and the parties, determines that evening or weekend deliberations are necessary in the interest of justice and will not impose an undue hardship upon the jurors.

    4. The court may direct the jury to return a sealed verdict at such time as the court directs.

    5. Jurors shall have access to their notes and notebooks during recesses, discussions and deliberations.

    6. When dismissing a jury at the conclusion of the case, the court shall advise the jurors that they are discharged from service and, if appropriate, release them from their duty of confidentiality and explain their rights regarding inquires from counsel, the media, or any person.