Supreme Court Permanently Codifies Right of Jurors to Take Notes in Criminal Trials

August 13, 2008

The Pennsylvania Supreme Court has amended Criminal Rule of Procedure 644 governing juror note taking in criminal trials by deleting the sunset provision and permanently codifying the rule.  Earlier this year, the Supreme Court's Criminal Procedural Rules Committee recommended this change following a period of public comment.  A report accompanying the amendment explains that the three year experiment with note taking in criminal cases has received positive reviews by judges, lawyers and jurors.
 
The amendment now makes it clear that the relatively new procedures in place to govern juror note taking in Pennsylvania apply in both criminal and civil cases going forward.  In general, jurors are permitted but not required to take notes in cases expected to last longer than two days.  The judge has discretion to permit note taking in shorter cases as well.