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§ 4110-c.Trial jury; viewing of premises

Article 41. Trial by a Jury · Last amended 1982 · Last verified July 21, 2026

In one sentenceSection 4110-c lets the court, at its discretion, send the jury to view the premises or place central to the case before summations begin, kept together under supervision, with the visit limited to observation and no discussion of what it means.

Full Text of CPLR 4110-c

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1. When during the course of a trial the court is of the opinion that a viewing or observation by the jury of the premises or place where alleged injuries to person or property were sustained in an accident or occurrence claimed to have been the cause thereof or of any other premises or place involved in the case will be helpful to the jury in determining any material factual issue, it may in its discretion, at any time before the commencement of the summations, order that the jury be conducted to such premises or place for such purpose in accordance with the provisions of this section. 2. In such case, the jury must be kept together throughout under the supervision of an appropriate public servant or servants appointed by the court, and the court itself must be present throughout. The parties to the action and counsel for them may as a matter of right be present throughout, but such right may be waived. 3. The purpose of such an inspection is solely to permit visual observation by the jury of the premises or place in question and neither the court, the parties, counsel nor the jurors may engage in discussion or argumentation concerning the significance or implications of anything under observation or concerning any issue in the case.

Plain-English Summary

Photographs and testimony do not always convey what a place looks like the way standing in it does. Section 4110-c lets the court order the jury to view the actual premises or place involved in the case, whether that is where an accident happened or some other location material to a factual issue, whenever the court believes the visit will help the jury decide that issue. The order has to come before summations begin, and the decision whether to send the jury at all rests in the court's discretion.

The trip is tightly managed. The jury has to stay together the entire time, under the supervision of a public servant the court appoints, and the court itself has to be present throughout. The parties and their counsel get an automatic right to be there as well, though that right can be waived.

What happens once everyone arrives is limited by design. The visit exists only so the jury can observe the premises with their own eyes; the court, the parties, counsel, and the jurors cannot discuss or argue about what any of it means or how it bears on any issue in the case while the view is underway. Any argument about what the jury saw belongs back in the courtroom, not at the site itself.

Frequently Asked Questions

Can a jury visit the scene of an accident in a New York civil trial?

Yes, the court can order the jury to view the premises or place involved when it believes the visit will help decide a material factual issue.

When during the trial can the jury be sent to view the scene?

At any time before summations begin, at the court's discretion.

Do the parties and their lawyers get to go along on the jury view?

Yes, as a matter of right, though that right can be waived.

Can lawyers argue about what the jury is looking at during the site visit?

No, the court, the parties, counsel, and the jurors cannot discuss or argue the significance of anything observed, or any issue in the case, during the view.

Does the judge have to be present during the jury's visit to the scene?

Yes, the court must be present throughout, and the jury must stay together under the supervision of a court-appointed public servant.

Amendment History

Add, L 1982, ch 116, § 1, eff Sept 1, 1982.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
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