April 09, 2020

Deliberate Without Documents? Denying a jury’s request for exhibits without a substantive justification might be reversible error in some courts

Jurors are factfinders. In many deliberation rooms, however, jurors must begin their discussions without ready access to the exhibits admitted during trial. If a jury requests particular exhibits or evidence, then a trial court may exercise its discretion to decide whether to provide the requested materials. And in some courtrooms, a jury’s requests to review specific exhibits are routinely denied.

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