Part One: General Rules Applicable to All Proceedings · Last amended 2022 · Last verified July 16, 2026
In one sentenceRule 1:23 lets the trial court, in its discretion, allow jurors to take notes during trial, and if jurors do take notes, requires the court to collect and secure them each day and to collect and destroy all of them once the trial ends.
Full Text of Rule 1:23
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(a)The court, in the exercise of its discretion, may permit jurors to take notes during
the trial. (b) If notes are taken by any of the jurors, at the conclusion of each day of a trial, the
court must collect juror notes and provide for their security until the trial resumes. Upon conclusion of the trial, the court must collect and destroy all juror notes.
Plain-English Summary
Rule 1:23 gives the trial court discretion to let jurors take notes during trial. Nothing in the rule requires a court to allow it — the decision belongs to the judge.
If any juror does take notes, the court must collect them at the end of each trial day and keep them secure until the trial resumes. Once the trial concludes, the court must collect and destroy all the juror notes, so no notes leave the courthouse or survive the trial.
Frequently Asked Questions
Are jurors allowed to take notes during a Virginia trial?
Only if the court permits it. Rule 1:23(a) leaves the decision to the court’s discretion.
What happens to juror notes at the end of each trial day?
The court must collect them and keep them secure until the trial resumes the next day, under Rule 1:23(b).
Do jurors get to keep their notes after the trial ends?
No. Rule 1:23(b) requires the court to collect and destroy all juror notes once the trial concludes.
Can a judge refuse to allow jurors to take notes?
Yes. Rule 1:23(a) makes note-taking a matter of the court’s discretion, not a right jurors have automatically.
What happens to juror notes overnight during a multi-day trial?
The court collects them at the end of each day and provides for their security until the trial resumes, per Rule 1:23(b).
Amendment History
Last amended by Order dated June 13, 2022; effective August 12, 2022.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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