Supreme Court of Missouri
en banc

In re:

Correction of order adopting Rule 69.03.


1.  By order of June 25, 2001, this Court adopted an amended version of subdivision 69.03, entitled “Juror Note-taking,” of Rule 69, entitled “Trial by Jury,” to be effective January 1, 2002.  The order is included in volume 51 – 53 South Western Reporter, Third, Missouri Cases series, beginning at page XXV.  The Court hereby modifies subdivision 69.03 as it appears in said order.  As modified, the subdivision shall become effective January 1, 2002, and shall read as follows: 

69.03. Juror Note-taking

Upon the court's own motion or upon the request of any party, the court shall permit jurors to take notes.  If jurors are permitted to take notes, the court shall supply each juror with suitable materials. 

Jurors shall not take their notes out of the courtroom except to use their notes during deliberations. 

The court shall collect all juror notes immediately before discharge of the jury. 

After the jury is discharged, the court shall destroy the notes promptly without permitting their review by the court or any other person. 

Juror notes shall not be used to impeach a verdict.

2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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STEPHEN N. LIMBAUGH, JR.
Chief Justice