1.10 Taking Notes

           If you wish, you may take notes to help you remember the evidence.  If you do take notes, please keep them to yourself until you and your fellow jurors go to the jury room to decide the case.  Do not let note-taking distract you from being attentive.  When you leave court for recesses, your notes should be left in the [courtroom] [jury room] [envelope in the jury room].  No one will read your notes.

            Whether or not you take notes, you should rely on your own memory of the evidence.  Notes are only to assist your memory.  You should not be overly influenced by your notes or those of your fellow jurors.

Comment

            It is well settled in this circuit that the trial judge has discretion to allow jurors to take notes.  United States v. Baker, 10 F.3d 1374, 1403 (9th Cir. 1993).  See also Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 3.4 (2013).