SECTIONS 1137-1142 - California Statutes

PENAL CODE

SECTION 1137-1142

1137. Upon retiring for deliberation, the jury may take with them
all papers (except depositions) which have been received as evidence
in the cause, or copies of such public records or private documents
given in evidence as ought not, in the opinion of the court, to be
taken from the person having them in possession. They may also take
with them the written instructions given, and notes of the testimony
or other proceedings on the trial, taken by themselves or any of
them, but none taken by any other person. The court shall provide for
the custody and safekeeping of such items.

1138. After the jury have retired for deliberation, if there be any
disagreement between them as to the testimony, or if they desire to
be informed on any point of law arising in the case, they must
require the officer to conduct them into court. Upon being brought
into court, the information required must be given in the presence
of, or after notice to, the prosecuting attorney, and the defendant
or his counsel, or after they have been called.

1138.5. Except for good cause shown, the judge in his of her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.

1140. Except as provided by law, the jury cannot be discharged
after the cause is submitted to them until they have agreed upon
their verdict and rendered it in open court, unless by consent of
both parties, entered upon the minutes, or unless, at the expiration
of such time as the court may deem proper, it satisfactorily appears
that there is no reasonable probability that the jury can agree.

1141. In all cases where a jury is discharged or prevented from
giving a verdict by reason of an accident or other cause, except
where the defendant is discharged during the progress of the trial,
or after the cause is submitted to them, the cause may be again
tried.

1142. While the jury are absent the Court may adjourn from time to
time, as to other business, but it must nevertheless be open for
every purpose connected with the cause submitted to the jury until a
verdict is rendered or the jury discharged.