Transcript of Evidence - National Judicial Institute

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

12.1 Transcript of Evidence

(Last revised June 2012)

[1] Although the testimony of every witness has been recorded, we will not have a written transcript of the evidence available for you to review when you go to the jury room to discuss your decision in this case. I think you will find that your collective memory of the evidence is good. However, if there is something you cannot recall or your recollections differ, counsel and I will try to assist you by reviewing our notes or I may direct that the evidence be played back from the recorder. Normally, we would play back both the direct evidence and the cross-examination on any point.[130]

[130] In the province of Quebec, jurors are instructed that if they wish to re-hear a part of the testimony of a witness, they will be allowed to do so in the jury room but they must be instructed to listen to every part of the witnesses’ testimony that bears on the subject of their inquiry, including any portion that may explain, attenuate or put it into context: R. c. Hovington, [2007] J.Q. No. 7780, 75 W.C.B. (2d) 269 (C.A.); R. c. Robert, [2004] J.Q. No. 8562 (C.A.).