By Ellis                                              S.C.R. No. 13
         76R1274 RVH-D                           
                                CONCURRENT RESOLUTION
 1-1           WHEREAS, The Supreme Court of Texas has the authority to
 1-2     promulgate rules to allow trial courts discretion in permitting
 1-3     jurors to take notes during a trial; and
 1-4           WHEREAS, In its 1997 final report, the Supreme Court of Texas
 1-5     Jury Task Force determined that some Texas trial judges allow
 1-6     jurors to take notes and use them during deliberations, while
 1-7     others either permit note taking but do not allow for their use
 1-8     during deliberations, or prohibit note taking altogether; and
 1-9           WHEREAS, The Texas Court of Criminal Appeals in 1994 adopted
1-10     the view shared by various American Bar Association committees and
1-11     conferences that a trial judge has the discretion to permit jurors
1-12     to take notes and use them during jury deliberations; and
1-13           WHEREAS, There are many valid arguments for and against juror
1-14     note taking, and these factors are important to consider in
1-15     determining whether juror note taking should be permitted during a
1-16     trial; and
1-17           WHEREAS, Given that the Rules of Civil Procedure do not
1-18     address a judge's rule-making ability in regard to juror note
1-19     taking, the discretion  currently exercised by some trial courts is
1-20     an unofficial one that sets different standards for different
1-21     juries throughout Texas; now, therefore, be it
1-22           RESOLVED, That the 76th Legislature of the State of Texas
1-23     hereby urge the Supreme Court of Texas to adopt a rule to allow
1-24     trial courts discretion in permitting note taking by jurors; and,
 2-1     be it further
 2-2           RESOLVED, That the secretary of state forward an official
 2-3     copy of this resolution to the chief justice of the Supreme Court
 2-4     of Texas.