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A BILL TO BE ENTITLED
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AN ACT
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relating to juror questions and juror note-taking during civil |
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trials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 25 to read as follows: |
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CHAPTER 25. CIVIL JURY TRIAL PROCEDURES |
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Sec. 25.001. SUPREME COURT TO MAKE RULES. The supreme court |
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shall promulgate rules relating to jury procedures for civil trials |
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in this state in accordance with the guidelines provided by this |
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chapter. |
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Sec. 25.002. SUBMISSION OF WRITTEN QUESTIONS. (a) The |
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rules promulgated by the supreme court must require a court to |
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permit jurors in a civil trial to submit to the court written |
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questions directed to a witness or to the court as provided by this |
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section. |
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(b) The rules must provide that: |
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(1) juror questions must be submitted anonymously and |
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before jury deliberations begin; |
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(2) counsel for each party will be given an |
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opportunity, out of the presence of the jury and witnesses, to |
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object to the questions; |
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(3) juror questions are required to be read by the |
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court verbatim; |
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(4) juror questions will be answered orally in open |
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court and made part of the record; |
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(5) counsel for each party will be given an |
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opportunity to cross-examine witnesses after a juror question; and |
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(6) the court may, for good cause, prohibit or limit |
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the submission of questions to witnesses. |
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Sec. 25.003. NOTE-TAKING BY JURORS. (a) The rules |
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promulgated by the supreme court must allow jurors in a civil trial |
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to take notes regarding the evidence during trial. |
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(b) The rules must provide that: |
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(1) the court is required to provide materials to |
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jurors for note-taking; |
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(2) a juror is required to turn in the notes to the |
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bailiff at the end of each day of court; |
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(3) after closing arguments are presented, the bailiff |
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or clerk is required to collect and destroy the notes; and |
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(4) the notes are confidential and may not be included |
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in the record of the trial. |
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(c) Notes taken by a juror during trial, as provided by this |
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section, may not be taken by the juror into the jury room. |
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SECTION 2. Chapter 25, Civil Practice and Remedies Code, as |
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added by this Act, applies to a case in which a jury is sworn on or |
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after the effective date of this Act, without regard to whether the |
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case commenced before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2009. |