Jury Trial Innovation

We strongly support the jury trial innovations that are reflected in N.J. Court Rule 1:8-8, and specifically the ability of the court to provide jurors with written copies of the trial judge’s instructions on the law of the case, the ability of the court to allow jurors to take notes and the ability of the court to allow jurors to ask questions. In fact, we would go one step further and require that these aids to the jury be uniformly required.

Studies in other jurisdictions that have already adopted the uniform provision of written instructions to the jury have found that there is less trial time taken by requests for read-backs and requests for re-instruction on points of law. We ask the state Supreme Court to consider a rule requiring written instructions designed to communicate, educate and reinforce recollection be furnished to jurors in all cases. We cannot imagine a case where distribution of the trial judge’s instructions would not assist the jury to make intelligent decisions under the correct law and standard of proof.