Jury Deliberation

Jury Deliberation

Jury Deliberation

Jurors deliberate privately with access to admitted exhibits and instructions. They may submit questions to the court, which are answered on the record with counsel present. Alternates are typically excused.

Deliberations are not recorded.

Alternative Names:

Deliberations, Jury Deliberations

Why it Matters?

Jury questions during deliberation are the only visibility into the reasoning, and they frequently reveal which issue the jury is struggling with. Responding requires care, since an answer going beyond the instructions can create error while a refusal to answer may leave the jury guessing. Proposing a response that directs the jury to the relevant existing instruction is the standard approach.

Frequently asked questions

What do jury questions reveal?

What do jury questions reveal?

Which issue the jury is struggling with, which is the only visibility into deliberations available to the parties.

How should questions be answered?

How should questions be answered?

Typically by directing the jury to the relevant existing instruction, since answers beyond the charge can create reversible error.