Rule 281.Papers Taken to Jury Room

Last amended April 1, 2011 · Last verified June 28, 2026

In one sentenceRule 281 lets the jury take the charge and written evidence into deliberations — and, since 2011, their own trial notes — but not depositions, refused special charges, or excluded portions of papers.

Full Text of Rule 281

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With the court’s permission, the jury may take with them to the jury room any notes they took during the trial. In addition, the jury may, and on request shall, take with them in their retirement the charges and instructions, general or special, which were given and read to them, and any written evidence, except the depositions of witnesses, but shall not take with them any special charges which have been refused. Where only part of a paper has been read in evidence, the jury shall not take the same with them, unless the part so read to them is detached from that which was excluded.

End

Plain-English Summary

Rule 281 controls what goes back to the jury room. With the court's permission, the jury may take their own trial notes — a 2011 addition. They may also, and on request must, take the charges and instructions given to them and any written evidence. But they may not take the depositions of witnesses, any special charges that were refused, or a paper only partly read in evidence unless the part read is detached from the excluded portion.

Frequently Asked Questions

What can a Texas jury take into the jury room?

Under Rule 281, the charge and instructions, written evidence, and — with the court's permission since 2011 — their own trial notes. Not depositions, refused special charges, or excluded portions of papers.

Can a Texas jury take a witness's deposition into deliberations?

No. Rule 281 lets the jury take the charge, written evidence, and their own trial notes into deliberations, but it excludes the depositions of witnesses.

What happens if only part of a document was read into evidence in a Texas trial?

The jury cannot take it into deliberations unless the part that was read is detached from the excluded portion. Rule 281 bars sending a partly-read paper back with the jury otherwise.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 281), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: papers taken to jury roomexhibits in deliberationjuror notesTRCP 281