Chapter 6 - § 6.2 • JUROR NOTES

• Jurisdiction: Colorado

§ 6.2 • JUROR NOTES

Colorado

➢ General. "Upon retiring, the jurors shall take the jury instructions, their juror notebooks and notes they personally made, if any, and to the extent feasible, those exhibits that have been admitted as evidence." C.R.C.P. 47(m). See CJI-Civ. 1:8 and 1:9 (CLE ed. 2018).

➢ Note-Taking Permitted. In February 1997, the Colorado Supreme Court adopted "in principle" a "Report of the Colorado Supreme Court Committee on the Effective and Efficient Use of Juries." In that report, the committee recommends that "[t]he trial judge should instruct jurors in all cases that jurors are entitled to take notes during the trial if they wish." Id. at 42. The Colorado Supreme Court Committee on Civil Jury Instructions has modified CJI-Civ. 1:8 to reflect that recommendation. There is also a jury instruction concerning providing notebooks to jurors. CJI-Civ. 1:9 (CLE ed. 2018).

➢ Limitation on Use of Juror Notes and Notebooks. Instructions 1:8 and 1:9 expressly limit jurors from taking their notes or notebooks anywhere but the courtroom or the jury room. In addition, jurors are instructed that their notes will be returned to the court at the conclusion of the trial and destroyed. CJI-Civ. 1:8 and 1:9 (CLE ed. 2018). Although a criminal trial court erred by permitting jurors to take their notebooks home

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