Home Table of Contents

Rule 18.6. Jurors' Conduct

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VI. Trial
Rule 18. Trial by Jury; Waiver; Selection and Preparation of Jurors (Refs & Annos)
16A A.R.S. Rules Crim.Proc., Rule 18.6
Rule 18.6. Jurors' Conduct
Currentness
(a) Information. The court may provide prospective jurors with orientation information about jury service.
(b) Oath. Each juror must take the following oath:
“Do you swear (or affirm) that you will give careful attention to the proceedings, follow the court's instructions, including the admonition, and render a verdict in accordance with the law and evidence presented to you, (so help you God)?”
If a juror affirms, the clause “so help you God” must be omitted. In justice court cases, the court should give jurors the oath prescribed by A.R.S. § 22-322.
(c) Preliminary Instructions. After the jury is sworn, the court must instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions to witnesses or the court as set forth in (e), and legal principles that will govern the proceeding. Instructions should be as readily understandable as possible by individuals unfamiliar with the legal system.
(d) Juror Note Taking and Notebooks.
(1) Juror Note Taking. The court must instruct the jurors that they may take notes. The court must provide materials suitable for this purpose.
(2) Juror Notebooks. To aid the jurors in performing their duties, the court may authorize the parties to provide the jurors with notebooks containing documents and exhibits.
(3) Juror Access. Jurors must have access to their notes and notebooks during recesses and deliberations. In a capital case, the jurors must have access to their notes from the trial and all phases of the proceeding until the jury renders a penalty verdict or is dismissed.
(4) Disposal of Juror Notes. When the jury is discharged, all juror notes, including deliberation notes, must be promptly collected and destroyed.
(e) Juror Questions. Jurors must be instructed that they are permitted to submit to the court written questions directed to witnesses or to the court and that the court will give the parties an opportunity to object to those questions outside the jury's presence. Despite this general rule, the court may prohibit or limit the submission of questions to witnesses for good cause.
(f) Additional Communications. During the course of the trial, the court must provide additional instructions to the jury as necessary. All communications between the judge and members of the jury panel must be in writing or on the record.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 18.6, AZ ST RCRP Rule 18.6
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document