| 1 | 1 | | By: Wentworth S.B. No. 445 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to juror questions and juror note-taking during civil |
|---|
| 7 | 7 | | trials. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies |
|---|
| 10 | 10 | | Code, is amended by adding Chapter 25 to read as follows: |
|---|
| 11 | 11 | | CHAPTER 25. CIVIL JURY TRIAL PROCEDURES |
|---|
| 12 | 12 | | Sec. 25.001. SUPREME COURT TO MAKE RULES. The supreme court |
|---|
| 13 | 13 | | shall promulgate rules relating to jury procedures for civil trials |
|---|
| 14 | 14 | | in this state in accordance with the guidelines provided by this |
|---|
| 15 | 15 | | chapter. |
|---|
| 16 | 16 | | Sec. 25.002. SUBMISSION OF WRITTEN QUESTIONS. (a) The |
|---|
| 17 | 17 | | rules promulgated by the supreme court must require a court to |
|---|
| 18 | 18 | | permit jurors in a civil trial to submit to the court written |
|---|
| 19 | 19 | | questions directed to a witness or to the court as provided by this |
|---|
| 20 | 20 | | section. |
|---|
| 21 | 21 | | (b) The rules must provide that: |
|---|
| 22 | 22 | | (1) juror questions must be submitted anonymously and |
|---|
| 23 | 23 | | before jury deliberations begin; |
|---|
| 24 | 24 | | (2) counsel for each party will be given an |
|---|
| 25 | 25 | | opportunity, out of the presence of the jury and witnesses, to |
|---|
| 26 | 26 | | object to the questions; |
|---|
| 27 | 27 | | (3) juror questions are required to be read by the |
|---|
| 28 | 28 | | court verbatim; |
|---|
| 29 | 29 | | (4) juror questions will be answered orally in open |
|---|
| 30 | 30 | | court and made part of the record; |
|---|
| 31 | 31 | | (5) counsel for each party will be given an |
|---|
| 32 | 32 | | opportunity to cross-examine witnesses after a juror question; and |
|---|
| 33 | 33 | | (6) the court may, for good cause, prohibit or limit |
|---|
| 34 | 34 | | the submission of questions to witnesses. |
|---|
| 35 | 35 | | Sec. 25.003. NOTE-TAKING BY JURORS. (a) The rules |
|---|
| 36 | 36 | | promulgated by the supreme court must allow jurors in a civil trial |
|---|
| 37 | 37 | | to take notes regarding the evidence during trial. |
|---|
| 38 | 38 | | (b) The rules must provide that: |
|---|
| 39 | 39 | | (1) the court is required to provide materials to |
|---|
| 40 | 40 | | jurors for note-taking; |
|---|
| 41 | 41 | | (2) a juror is required to turn in the notes to the |
|---|
| 42 | 42 | | bailiff at the end of each day of court; |
|---|
| 43 | 43 | | (3) after closing arguments are presented, the bailiff |
|---|
| 44 | 44 | | or clerk is required to collect and destroy the notes; and |
|---|
| 45 | 45 | | (4) the notes are confidential and may not be included |
|---|
| 46 | 46 | | in the record of the trial. |
|---|
| 47 | 47 | | (c) Notes taken by a juror during trial, as provided by this |
|---|
| 48 | 48 | | section, may not be taken by the juror into the jury room. |
|---|
| 49 | 49 | | SECTION 2. Chapter 25, Civil Practice and Remedies Code, as |
|---|
| 50 | 50 | | added by this Act, applies to a case in which a jury is sworn on or |
|---|
| 51 | 51 | | after the effective date of this Act, without regard to whether the |
|---|
| 52 | 52 | | case commenced before, on, or after that date. |
|---|
| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|