The Herald, Sharon, PA Published Wednesday, October 15, 2003

Jurors allowed to take notes at trial

For the first time in Mercer County, jurors can take notes during a civil trial.

According to a state Supreme Court ruling earlier this year, jurors in civil trials expected to last longer than two days are allowed to take notes. The new policy went into effect Sept. 1.

"You are under no obligation to take notes," Mercer County Common Pleas Judge Michael Wherry told jurors Tuesday, the opening day of the medical malpractice suit filed by Hayley M. Roman of Sharpsville against Dr. John Steele of Hempfield Township. "It is just as easy to write something down incorrectly as it is to remember something incorrectly."

Wherry said he didn't think the new provision would make much difference.

"What surprises me," he said, "is the collective memory of a jury. It's astonishing, what they remember."

He said jurors will often ask questions on a point of law or other aspect of the case that shows they have a mind for fine detail.

"I don't really see where it will make much difference," he said. "Note taking wouldn't have been my first priority in court reform."



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