Miss. R. Crim. P. 23.2

As amended through March 21, 2024

Rule 23.2 - Materials Used During Deliberation

Upon retiring for deliberation, the jurors shall take with them:

(a) forms of verdict approved by the court;

(b) a copy of the written instructions;

(c) their notes (if any); and

(d) such exhibits and equipment as the court shall direct.

Miss. R. Crim. P. 23.2

Adopted eff. 7/1/2017.

Comment

Rule 23.2 incorporates portions of Rule 3.10 of the Uniform Rules of Circuit and County Court. Section (a) is broad enough to permit the court to provide either a separate "form of verdict" document, an instruction on the form of the verdict, or both. Sections (a) through (c) are mandatory, and require that all verdict forms, written instructions, and any juror notes - as set out in Rule 18.6 - be taken to the jury room. Only section (d), regarding exhibits and equipment, is discretionary; discretion is vested in the court to determine whether to permit a jury to take back to the jury room exhibits which are, for example, contraband, dangerous, prone to destruction or theft, or excessively voluminous. See Holloway v. State, 809 So. 2d 598 (Miss. 2000); Pettit v. State, 569 So. 2d 678 (Miss. 1990).