of the Mississippi Rules of Civil Procedure

Rules of Justice Court

Rule: 51

Jurisdiction: MS

Bluebook Citation: Miss. Just. Ct. R. 51

5 (7) Jury deliberations. The judge shall: (i) (ii) (iii) (iv) give the jurors, on the record of each trial, the following oath or remind the jurors that they are still under the following oath: “You, and each of you, do solemnly swear (or affirm) that you will well and truly try all issues and execute all writs of inquiry that may be submitted to you, or left to your decision by the court, or under its direction, during the present term, and true verdicts give according to the evidence. So help you God.”; direct the jury to select one of its members to preside over the deliberations; direct the jury to return its verdict in writing to the court; and admonish the jurors that, until discharged as jurors in the cause, they may only discuss the case with other members of the jury when convened in the jury room for the purpose of reaching a verdict. Unless otherwise authorized by the court, the jurors shall not disperse once deliberations have begun. After the jurors have retired to consider their verdict, the judge shall not recall the jurors to hear additional evidence. (8) Materials allowed during deliberation. When retiring for deliberation, the jurors are allowed to take with them: (i) (ii) (iii) (iv) the form of verdict approved by the court; a copy of the written jury instructions; any tangible evidence that was admitted at the trial; and their personal notes made during the course of the trial. (9) Returning the verdict. The verdict shall be in writing and returned in open court. A verdict of five or more of the jurors shall be taken as the verdict of the jury. Any verdict returned may be appealed pursuant to these rules. (10) Jury poll. After a verdict is returned but before the jury is discharged, the judge shall on the request of either side, or may on his/her own initiative, poll the jurors individually by asking whether the returned verdict is indeed the verdict of the jury. The judge shall direct the jury to retire and deliberate further if the poll reveals that the verdict is less than five of the jurors. (11) Court costs. The judge shall assess court costs of the jury trial to the losing party.

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