RULE 6.11 PREDELIBERATION DISCUSSION BY JURORS

Effective Date: 3/1/2000

(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:

  • to only discuss the evidence among themselves in the jury room during recess from trial when all the jurors are present; and
  • to reserve judgment about the outcome of the case until deliberations commence.

Any alternate juror must be allowed to participate in any predeliberation discussion.

(2) No Discussion Jury. If the court prohibits predeliberation discussion, at each adjournment, the court shall admonish the jurors:

  • not to converse among themselves nor with anyone else on any subject connected with the trial; and
  • not to form or express an opinion until the case is submitted to them for deliberation.

(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:

  • not to converse among themselves nor with anyone else on any subject connected with the trial; and
  • not to form or express an opinion until the case is submitted to them for deliberation.

(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.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 28-14-16, 29-21-27, and 29-21-28.

Effective Date Obsolete Date
03/01/2000 View