Rule 33.7 – Additional Instructions

(a) If, after retiring for deliberation, a jury desires additional instructions it shall be conducted to a court room designated by the judge.

(b) The court shall give additional instructions in response to a jury’s request unless:

(i) the jury may be adequately informed by directing its attention to some portion of the original instructions;

(ii) the request concerns matters not in evidence or questions not pertaining to the law of the case; or

(iii) the request would require the judge to express an opinion as to factual matters that the jury must determine.

(c) In order to avoid giving undue prominence to additional instructions, the court in its discretion may repeat instructions previously given.

(d) The judge may recall the jury after it has retired to deliberate and give it additional instructions in order to:

(i) correct or withdraw an erroneous instruction;

(ii) clarify an ambiguous instruction; or

(iii) inform the jury on a point of law which should have been covered by the original instructions.

(e) Should additional instructions be given, the judge in his discretion may allow additional argument by counsel.

Ark. R. Crim. P. 33.7

Arkansas