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Miss. R. Crim. P. 23.2

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Rule 23.2 Materials Used During Deliberation

Part 23: Deliberations

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Rule Text

Upon retiring for deliberation, the jurors shall take with them:

(a) forms of verdict approved by the court;

(b) a copy of the written instructions;

(d) such exhibits and equipment as the court shall direct.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When a jury goes to deliberate in a Mississippi criminal case, they get to bring certain things with them into the jury room. This includes verdict forms the judge has already approved, a written copy of the instructions explaining the law, and any notes the jurors took during the trial. The judge also decides which exhibits or equipment the jury can take back with them, like photos, documents, or other evidence presented during the trial.

This rule makes sure jurors have the right tools to make a fair decision. Instead of relying only on memory, they can look back at instructions, notes, and evidence while discussing the case. The judge controls what evidence goes into the jury room, so both sides can trust that only approved and relevant materials are being reviewed during deliberation.

Committee Notes

Comment Rule 23.2 incorporates portions of Rule 3.10 of the Uniform Rules of Circuit and County Court. Section (a) is broad enough to permit the court to provide either a separate “form of verdict” document, an instruction on the form

of the verdict, or both. Sections (a) through (c) are mandatory, and require that all verdict forms, written instructions, and any juror notes – as set out in Rule 18.6 – be taken to the jury room. Only section (d), regarding exhibits and equipment, is discretionary; discretion is vested in the court to determine whether to permit a jury to take back to the jury room exhibits which are, for example, contraband, dangerous, prone to destruction or theft, or excessively voluminous. See Holloway v. State, 809 So. 2d 598 (Miss. 2000); Pettit v. State, 569 So. 2d 678 (Miss. 1990).

← Previous Rule 23.1: Retirement of Jurors Next → Rule 23.3: Additional Instructions; Further Review of Evidence Prohibited