Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court may, at its discretion, provide the jury with a copy of the written instructions given. However, if the jury requests the court to supply a copy of the written instructions, the court shall supply the jury with a copy.
§ 612.5.Copy of Written Instructions Provided Jury Upon Retiring For Deliberation
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 612.5 requires the court to tell a deliberating jury that a written copy of the jury instructions is available, lets the court provide that copy at its discretion, and requires the court to supply it if the jury asks.
Full Text of § 612.5
Plain-English Summary
This section gives jurors a safety net for remembering the law they were instructed to apply. As the jury retires to deliberate, the court has to let them know a written copy of the instructions exists and is available.
Whether they get that copy right away is up to the court's discretion — the court may provide it, or wait. But once the jury asks for it, discretion ends: the court must supply the written instructions on request.
Frequently Asked Questions
Must jurors be told a written copy of the instructions exists?
Yes, the court must advise the jury of that availability when they retire for deliberation.
Is the court required to hand over the written instructions automatically?
Not automatically — the court may provide them at its discretion, but must supply them once the jury requests a copy.
What happens if the jury never asks for the written instructions?
The court still has discretion to provide a copy on its own, even without a request.
Amendment History
Amended by Stats. 1986, Ch. 1045, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: written jury instructions during deliberation california