CHAPTER 1. TRIAL BY JURY

IC 34-36
    ARTICLE 36. JURIES

IC 34-36-1
    Chapter 1. Trial by Jury

IC 34-36-1-1
Submission or argument; opening and closing
    Sec. 1. (a) The parties may either submit or argue a case to thejury.
    (b) In the argument, the party with the burden of the issue has theopening and closing. The party who opens must disclose in theopening all the points relied on in the cause. If, in the closing, theparty who closes refers to any new point or fact not disclosed in theopening, the adverse party has the right of replying to the new pointor fact. The adverse party's reply closes the argument in the case.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-2
Notes of evidence
    Sec. 2. When requested by either party, the court shall take briefnotes of the evidence of the parties in the order in which the evidenceis introduced in the trial.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-3
View of property; speaking to jury prohibited
    Sec. 3. (a) Whenever, in the opinion of the court, it is proper forthe jury to have a view of:
        (1) real or personal property that is the subject of litigation; or
        (2) the place in which a material fact occurred;
the court may order the jury to be conducted in a body, under thecharge of a sworn officer, to the place.
    (b) The place shall be shown to the jury by a person appointed bythe court for that purpose.
    (c) While the jury is absent for the view, no person, other than theperson appointed to show the place to the jury, shall speak to the juryon any subject connected with the trial.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-4
Keeping jurors together; communications
    Sec. 4. (a) When a case is submitted to the jury, the jury may:
        (1) decide in court; or
        (2) retire for deliberation.
    (b) Except as provided in subsection (c), if the jury retires, themembers of the jury must be kept together in some convenient place,under the charge of a sworn officer, until the members of the jury:
        (1) agree upon a verdict; or
        (2) are discharged by the court.    (c) The court may, in its discretion, permit the jury to separatetemporarily and for meals.
    (d) The officer in charge of the jury shall not permit anycommunication to be made to the jury. The officer in charge of thejury shall not communicate with the jury, except:
        (1) to ask the jury if it has agreed upon a verdict; or
        (2) by order of the court.
    (e) The officer in charge of the jury shall not, before the verdictis rendered, communicate to any person the state of the jury'sdeliberations or the jury's verdict.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-5
Separation of jury; conversations; opinions
    Sec. 5. (a) If the members of the jury are permitted to separate,either during the trial or after the cause is submitted to them, thecourt shall admonish the jurors that it is their duty not to:
        (1) converse with each other; or
        (2) permit themselves to be addressed by any other person, onany subject of the trial.
    (b) If the members of the jury are permitted to separate during thetrial, the court shall admonish the jurors that it is their duty not toform or express among themselves an opinion on the cause until thecause is finally submitted to them.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-6
Retirement for deliberation; request for information
    Sec. 6. If, after the jury retires for deliberation:
        (1) there is a disagreement among the jurors as to any part ofthe testimony; or
        (2) the jury desires to be informed as to any point of law arisingin the case;
the jury may request the officer to conduct them into court, where theinformation required shall be given in the presence of, or after noticeto, the parties or the attorneys representing the parties.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-7
Discharge; sickness; accident, calamity, or consent; hung jury
    Sec. 7. The jury may be discharged by the court under any of thefollowing circumstances:
        (1) Sickness of a juror.
        (2) Other accident or calamity requiring the discharge.
        (3) Both parties consent to the discharge.
        (4) The jury has been kept together until it satisfactorily appearsthat there is no probability of the members agreeing upon averdict.
As added by P.L.1-1998, SEC.32.
IC 34-36-1-8
Discharge of jury; new trial
    Sec. 8. In all cases where the jury is discharged during the trial, orafter the cause is submitted to them, the case may be tried againimmediately or at a future time, as the court may direct.
As added by P.L.1-1998, SEC.32.

IC 34-36-1-9
Verdict; signature; dissent
    Sec. 9. When the jury has agreed upon a verdict, the verdict mustbe reduced to writing and signed by the foreman. When returned intocourt, the foreman shall deliver the verdict, and either party may pollthe jury. If a juror dissents from the verdict, the jury shall again besent out to deliberate.
As added by P.L.1-1998, SEC.32.