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Cal. Penal Code § 1137 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 10 cases, 1956–1992 · leading case: People v. Thompson, 753 P.2d 37 (Cal. 1988).
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People v. Thompson, 753 P.2d 37 (Cal. 1988). · cites it 2× “By settled statement, the parties have agreed that jurors were given notepads and pencils for this purpose, a number of jurors did take notes, and jurors were permitted to take their notes into the jury room during deliberations in the guilt and penalty phases of trial. The…”
People v. Bloyd, 729 P.2d 802 (Cal. 1987). “The appellate court held: “Penal Code section 1137 states that instructions may be taken into the jury room.”
Hollins v. State, 571 S.W.2d 873 (Tex. Crim. App. 1978). “Cal.Pen.Code, § 1137; Idaho Code Ann., § 19-2203 (1947); Iowa Code, § 784.”
Commonwealth v. St. Germain, 408 N.E.2d 1358 (Mass. 1980). “Code § 612 (Deering 1973); Cal. Penal Code § 1137 (1971); Colo. R. Civ.”
People v. Shoals, 8 Cal. App. 4th 475 (Cal. Ct. App. 1992). “(Pen. Code, § 1137.) 7 CALJIC No. 2.71 provides: “An admission is a statement made by [the] defendant other than at [his] trial which does not by itself acknowledge [his] guilt of the crime(s) for which such defendant is on trial, but which statement tends to prove [his] guilt…”
People v. Lyons, 303 P.2d 329 (Cal. 1956). “(Pen. Code, § 1137.) What would the majority of the court have the trial judge do when he is convinced that a proposed instruction is good in part but needs modification? If it is partly good and partly erroneous or incomplete, is the trial judge bound to refuse it in its…”
People v. Beverly, 233 Cal. App. 2d 702 (Cal. Ct. App. 1965). “) Defendant does however, argue that it was error for the trial court to allow the jury to take these transcripts with them into the jury room. For two reasons defendant’s contention is without merit.”
People v. Wingo, 34 Cal. App. 3d 974 (Cal. Ct. App. 1973). “(Pen. Code, § 1137.) These statutes have reference to all of the instructions given since to permit only certain of the instructions given to be taken into the jury room would place undue emphasis on such instructions.”
People v. Glass, 266 Cal. App. 2d 222 (Cal. Ct. App. 1968). “The court refused the request; stated, under the law, this could not be done in a criminal case; and also stated the jury might request a rereading of the instructions and it should not hesitate to do so if there was any need for some rereading.”
People v. Welborn, 242 Cal. App. 2d 668 (Cal. Ct. App. 1966). “Penal Code section 1137 states that instructions may be taken into the jury room.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.