RULE 6.11 PREDELIBERATION DISCUSSION BY JURORS
(a) Civil Case. In a civil case, the court may, without objection, allow the jury to engage in predeliberation discussion.
(1) Discussion Jury. If the court allows predeliberation discussion, at each adjournment, the court shall admonish the jurors:
(2) No Discussion Jury. If the court prohibits predeliberation discussion, at each adjournment, the court shall admonish the jurors:
(b) Criminal Case. In a criminal case, the court must prohibit the jury from engaging in predeliberation discussion. At each adjournment, the court shall admonish the jurors:
(c) The jurors may be permitted to separate, or the jurors may be kept under the charge of a proper officer during each recess or adjournment during a trial. The officer must keep the jurors together as instructed by the court, refrain from and prohibit anyone from communicating with the jurors on any subject connected with the trial, and return the jurors into court.
Rule 6.11 was adopted, effective March 1, 2000, to permit a court, without objection, to allow predeliberation discussion by jurors in a civil case.
SOURCES: Joint Procedure Committee Minutes of May 6-7, 1999, pages 11-13; January 28-29, 1999, pages 4-7; April 30-May 1, 1998, pages 9-11.
SUPERSEDED: N.D.C.C. §§ 28-14-16, 29-21-27, and 29-21-28.