§ 4110-c.Trial jury; viewing of premises
Article 41. Trial by a Jury · Last amended 1982 · Last verified July 21, 2026
Full Text of CPLR 4110-c
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.