TRIAL PROCEDURE-NOTE TAKING BY JURORS-MISCONDUCT OF COURT IN INSTRUCTING JURY TO TAKE NOTES OVER OBJECTIONS OF LITIGANTS

Authors

Craig E. Davids S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff suffered injuries by stepping into a hole on the sidewalk of defendant city. After a jury had been impaneled and sworn in the trial of the cause, the court, without the request of either litigant and over their objections, suggested to the jurors that they might take notes on the evidence presented, furnishing them with the necessary materials and instructing them as to how they should be kept during the progress of the trial. The trial court awarded judgment for defendant. The court of appeals, however, reversed the decision of the lower court and granted a new trial, holding the trial judge committed prejudicial error in encouraging the jurors to take notes over the objections of both parties. Held, affirmed. Corbin v. City of Cleveland, (Ohio 1944) 56 N.E. (2d) 214.

Recommended Citation

Craig E. Davids S.Ed., TRIAL PROCEDURE-NOTE TAKING BY JURORS-MISCONDUCT OF COURT IN INSTRUCTING JURY TO TAKE NOTES OVER OBJECTIONS OF LITIGANTS, 43 Mich. L. Rev. 803 (1945).
Available at: https://repository.law.umich.edu/mlr/vol43/iss4/12