You may take notes during the presentation of evidence in this case. In that regard remember this:

1. Notetaking is permitted but is not required.

2. Take notes sparingly. Do not try to write down all the testimony. Your notes will only be used for the purpose of refreshing your memory. They are helpful when dealing with measurements, times, distances, identities and relationships.

3. Be brief in your notetaking. It is for you to determine the credibility of the witnesses, and to do so you must observe them. Do not let notetaking distract you from this duty.

4. Your notes are for your private use only. Do not share your notes with any other juror during the presentation of the case. You may discuss the contents of your notes only after all sides have rested and you have commenced your deliberations.

Notes on Use

This Instruction is recommended IF the court permits jurors to take notes.

Committee Comments

The Court of Criminal Appeals first affirmed the discretion of the trial court to permit jurors to take notes during trial in Glazier v. State, 1973 OK CR 386, ¶ 15, 514 P.2d 87, 91. The Glazier opinion included dicta that jurors should not be allowed to take their notes into the jury room while deliberating, but in Cohee v. State, 1997 OK CR 30, ¶¶ 4-5, 942 P.2d 211, 212-13, the Court of Criminal Appeals repudiated this dicta, and it held that jurors may use their notes during deliberations. Id. at 213. This Instruction is based on one suggested by the Oklahoma Supreme Court in Sligar v. Bartlett, 1996 OK 144, n.2, 916 P.2d 1383, 1387.

(2000 Supp.)