82R2166 CAE-D
By: Wentworth S.B. No. 297
A BILL TO BE ENTITLED
AN ACT
relating to juror questions and juror note-taking during civil
trials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 25 to read as follows:
CHAPTER 25. CIVIL JURY TRIAL PROCEDURES
Sec. 25.001. SUPREME COURT TO MAKE RULES. The supreme court
shall promulgate rules relating to jury procedures for civil trials
in this state in accordance with the guidelines provided by this
chapter.
Sec. 25.002. SUBMISSION OF WRITTEN QUESTIONS. (a) The
rules promulgated by the supreme court must require a court to
permit jurors in a civil trial to submit to the court written
questions directed to a witness or to the court as provided by this
section.
(b) The rules must provide that:
(1) juror questions must be submitted anonymously and
before jury deliberations begin;
(2) counsel for each party will be given an
opportunity, out of the presence of the jury and witnesses, to
object to the questions;
(3) juror questions are required to be read by the
court verbatim;
(4) juror questions will be answered orally in open
court and made part of the record;
(5) counsel for each party will be given an
opportunity to cross-examine witnesses after a juror question; and
(6) the court may, for good cause, prohibit or limit
the submission of questions to witnesses.
Sec. 25.003. NOTE-TAKING BY JURORS. (a) The rules
promulgated by the supreme court must allow jurors in a civil trial
to take notes regarding the evidence during trial.
(b) The rules must provide that:
(1) the court is required to provide materials to
jurors for note-taking;
(2) a juror is required to turn in the notes to the
bailiff at the end of each day of court;
(3) after closing arguments are presented, the bailiff
or clerk is required to collect and destroy the notes; and
(4) the notes are confidential and may not be included
in the record of the trial.
(c) Notes taken by a juror during trial, as provided by this
section, may not be taken by the juror into the jury room.
SECTION 2. Chapter 25, Civil Practice and Remedies Code, as
added by this Act, applies to a case in which a jury is sworn on or
after the effective date of this Act, without regard to whether the
case commenced before, on, or after that date.
SECTION 3. This Act takes effect September 1, 2011.