N.Y. Comp. Codes R. & Regs. tit. 22 § 220.12

Current through Register Vol. 46, No. 19, May 8, 2024

Section 220.12 - Juror notebooks

(a) Contents. At the discretion of the trial court, in cases of appropriate complexity, the court may authorize the distribution to each juror of identical notebooks, which may include copies of:

(1) selected exhibits that have been ruled admissible (or excerpts thereof);

(2) stipulations of the parties;

(3) other material not subject to genuine dispute, which may include:

(i) curricula vitae of experts;

(ii) lists or seating charts identifying attorneys and their respective clients;

(iii) lists or indices of admitted exhibits;

(iv) glossaries;

(v) chronologies or timelines; and

(vi) other material approved by the court for inclusion.

(b) Procedure to determine contents.

(1) The court shall require counsel to confer on the contents of the notebooks before trial begins and at any appropriate time thereafter.

(2) If counsel cannot agree on the contents of the notebooks, each party shall be afforded the opportunity to submit its proposal and to comment upon any proposal submitted by another party. The court shall be the final arbiter of the contents of the notebooks.

(c) Use of notebooks at trial.

(1) At the time of distribution, the court shall instruct the jurors concerning the purpose and use of the notebooks.

(2) During the course of trial, the court may permit the parties to supplement the materials contained in the notebook with additional documents as these become relevant and after they have been ruled admissible or otherwise approved by the court for inclusion.

(3) The court shall collect the notebooks at the end of each trial day until the jury retires to deliberate. The notebooks shall be available to the jurors during deliberations.

(4) Whenever note-taking is permitted by jurors, the court shall require the jurors to print their names or other identifier on the cover of their notebooks.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 220.12