Ark. R. Crim. P. 33.7 (2026)

Rule 33.7. Additional Instructions.

(a) If, after retiring for deliberation, a jury desires additional instructions it shall be conducted to a court room designated by the judge.

(b) The court shall give additional instructions in response to a jury's request unless:

(i) the jury may be adequately informed by directing its attention to some portion of the original instructions;

(ii) the request concerns matters not in evidence or questions not pertaining to the law of the case; or (iii) the request would require the judge to express an opinion as to factual matters that the jury must determine.

(c) In order to avoid giving undue prominence to additional instructions, the court in its discretion may repeat instructions previously given.

(d)The judge may recall the jury after it has retired to deliberate and give it additional instructions in order to:

(i) correct or withdraw an erroneous instruction;

(ii) clarify an ambiguous instruction; or (iii) inform the jury on a point of law which should have been covered by the original instructions.

(e) Should additional instructions be given, the judge in his discretion may allow additional argument by counsel.

Rule 33.8 Questions by Jurors Jurors shall not be permitted to pose questions to witnesses, either directly or through written questions submitted to the judge or to the parties.

COMMENT Reporter's Notes, 2007 Addition of Rule 33.8: Permitting jurors to question witnesses may cause delay, prejudice, or error. Rule 33.8 was added in 2007 to bar the practice.

HISTORY Adopted and effective February 22, 2007.

Rule 33.9 Record of Waiver of Right to Testify. If in a trial the defendant waives the right to testify in his or her own defense, the court shall determine on the record in the presence of the defendant that the defendant has been advised of the right to testify and has waived that right. Such a determination shall not be made by inquiry directed to the defendant and shall not be made in the presence of the jury.

COMMENT Reporter's Note, 2014: This rule was added in 2014 in response to the Supreme Court's decisions in Williams v. State, 2011 Ark. 489 and Sartin v. State, 2012 Ark. 155. The rule is satisfied if defense counsel affirmatively states on the record that he or she has advised the defendant of the right to testify. If defense counsel does not so state, the trial court should determine by inquiry addressed to counsel that the defendant has been so advised.

HISTORY Adopted by per curiam order May 29, 2014, effective July 1, 2014.