Page:United States Statutes at Large Volume 76A.djvu/406

–310– -310in writing of the points of law contained in the charge, or sign, at the time, a statement of the points prepared and submitted by the counsel of either party. § 474. Admonition when jury permitted to separate If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them. § 475. Items taken with jury Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions or copies of such papers 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 any exhibits which the court thinks proper 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. § 476. Retirement and deliberation of jury; three-fourths verdict After the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they shall be kept together in a convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge may not suffer any communication to be made to them, or make any himself, except to ask them if they or threefourths of them are agreed upon a verdict, and he may not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. § 477. Return to court for instructions After the jury have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the parties or counsel. § 478. Discharge without verdict; retrial If the jury are discharged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the court may direct, unless the court directs the entry of judgment in accordance with a motion for a directed verdict pursuant to Rule 50 of the Federal Rules of Civil Procedure. § 479. Adjournment while jury absent; sealed verdict While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict, at the opening of the court, in case of an agreement during a recess or adjournment for the day.

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