Rule Text
After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor do so themselves, unless it be by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
Amendment history: R.L. 1910, § 5906. Amended by Laws 1997, c. 133, § 17, eff. July 1, 1999; Laws 1998, 1st Ex.Sess., c. 2, § 13, emerg. eff. June 19, 1998; Laws 1999, 1st Ex.Sess., c. 5, § 8, eff. July 1, 1999. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 17 from July 1, 1998, to July 1, 1999.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Once the judge finishes explaining the law to the jury, the jury has two choices. They can decide the case right away in the courtroom, or they can go to a private room to talk things over first.
If the jury needs to step out and discuss the case, court officers must watch over them during this time. These officers take an oath promising to keep the jury together in a private, comfortable space. The officers cannot let anyone talk to the jurors or send them messages, and the officers themselves cannot discuss the case with the jury either.
There are only a few exceptions to this rule. The judge can give special permission for contact with the jury if needed. Officers are also allowed to ask the jury a simple question: have they reached a verdict yet. Once the jury reaches a decision, or once the judge calls for them, the officers bring the jury back into the courtroom.
This rule exists to protect the fairness of the trial. It keeps outside opinions, pressure, or information away from the jury while they make their decision.
