Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them any exhibits which the court may deem proper, notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
§ 612.Jury Taking Papers and Exhibits Upon Retiring For Deliberations
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 1939 · Last verified July 28, 2026
In one sentenceSection 612 lets a deliberating jury take with them all papers admitted into evidence except depositions, along with any exhibits the court deems proper and any notes of the testimony or proceedings the jurors themselves took, but excludes notes taken by anyone else.
Full Text of § 612
Plain-English Summary
What a jury can bring into the deliberation room is limited but practical. Under § 612, jurors may take all papers received in evidence, with one notable exception — depositions are excluded, along with any copies of papers the court decides shouldn't leave the person currently holding them.
Beyond the evidentiary papers, the jury can also take exhibits the court deems appropriate, and notes of the testimony or other trial proceedings, but only notes the jurors themselves — or some of them — took during trial. Notes made by anyone else don't go back with the jury.
Frequently Asked Questions
Can jurors take deposition transcripts into deliberation?
No. Section 612 specifically excludes depositions from the papers a jury may take with them.
Can jurors bring their own trial notes?
Yes, notes of the testimony or other proceedings taken by the jurors themselves, but not notes taken by anyone else.
Who decides which exhibits go back with the jury?
The court, which may deem any exhibits proper for the jury to take with them.
Amendment History
Amended by Stats. 1939, Ch. 753.
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
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