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It's time for jury deliberation and now the jury wants to get all the exhibits they saw
during the course of trial. Can they get them? Would you like to learn the answer? Come join
me as I share with you this great information. Hi. I'm Gerry Oginski. I'm a New York medical
malpractice and personal injury trial lawyer practicing law here in the state of New York.
The answer is they can get exhibits except they can only get exhibits that have been
marked into evidence. See there are some exhibits that we use during the course of trial -- and
that can be an accident trial, it could be a medical malpractice trial, it can be a wrongful
death trial -- where we will use an exhibit to show something to the jury during the course
of a witness testifying. But for whatever reason, we may not have wanted to admit that
particular exhibit -- that model, that picture -- into evidence. If we have been unable to
get that exhibit into evidence then the answer is no, the jury is unable to actually take
that in, review it and look at it during their jury deliberations. Instead, they have to
rely on their memory of what that exhibit was. But the majority of exhibits that are
produced during the course of trial will be admitted into evidence and the jury is free
to look at any of those exhibits that they want. They can pour over it, they can look
at it, examine it and inspect it and do anything else. And they're going to have access to
all of that in the jury room once they ask the court to see all the exhibits that were
introduced into evidence at trial. So why is this important? It's important because
during the course of jury deliberations at the very end of the case, the jury now has
the opportunity to discuss the entire case at length. The judge has given the jury legal
instructions about the law in the particular case and now the jury has to decide who's
more likely right than wrong. Is it the injured victim or is it the defense? And that's very
important and the exhibits will oftentimes help them understand the different theories,
the different arguments that are being proposed and that's why when you hear the jury wants
to see all the exhibits the answer is they can have them -- as long as they're the ones
that are introduced into evidence. You know, I realize you're watching this because you
have questions or concerns about your own particular matter. Well if your matter happened
here in New York and you do have legal questions, one of the things that I encourage you to
do is pick up the phone and call me. I can answer your legal questions. This is something
that I do every single day and I'd love to talk to you. You can reach me at 516-487-8207
or by email at Gerry@Oginski-law.com. That's it for today's quick video. I'm Gerry Oginski,
have a wonderful day!