Arizona

Criminal Procedure

Criminal Procedure

Rule 18.6 – Jurors Conduct

(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. ยง 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.

Ariz. R. Crim. P. 18.6

Added August 31, 2017, effective January 1, 2018.

COMMENT

Rule 18.6(d). In trials of unusual duration or involving complex issues, juror notebooks are a significant aid to juror comprehension and recall of evidence. Notebooks may contain: (1) a copy of the preliminary jury instructions; (2) jurors’ notes; (3) witnesses’ names, photographs and/or biographies; (4) copies of key documents and an index of all exhibits; (5) a glossary of technical terms; and (6) a copy of the court’s final instructions.

Rule 18.6(e). The court should instruct that any questions directed to witnesses or the court must be in writing, unsigned and given to a designated court officer. The court should further instruct that, if a juror has a question for a witness or the court, the juror should hand it to the bailiff during a recess, or if the witness is about to leave the witness stand, the juror should signal to the bailiff. The court also should instruct the jury that they are not to discuss the questions among themselves but rather each juror must decide independently any question the juror may have for a witness. If the court determines that the juror’s question calls for admissible evidence, the court–or, in the court’s discretion, counsel–should ask the question. The question may be answered by stipulation or other appropriate means, including, but not limited to, additional testimony on such terms and limitations as the court prescribes. If the court determines that the juror’s question calls for inadmissible evidence, the question must not be read or answered. If a juror’s question is rejected, the jury should be told that trial rules do not permit some questions to be asked and that the jurors should not attach any significance to the failure of having their question asked.

HISTORICAL AND STATUTORY NOTES

Former Rule 18.6, relating to preparation of jurors, was abrogated effective January 1, 2018.