Idaho Code

Idaho Code § 19-2204 (2026)

Return of jury for information. 

✓ current as of May 2026
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Return of jury for information. 

After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, or after they have been called.

Notes of Decisions
Cited in 9 cases, 1981–2014 · leading case: State v. Hernandez, 630 P.2d 141 (Idaho 1981).
State v. Hernandez, 630 P.2d 141 (Idaho 1981). · cites it 28× “" Although appellant argues that the foregoing procedure violated I.C. § 19-2204, we disagree. I.C. § 19-2204 provides: "After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, * * * they must require the officer to conduct…”
State v. Randolph, 627 P.2d 782 (Idaho 1981). · cites it 14× “The procedure to be followed in dealing with a jury request for a supplemental instruction in a criminal case is set forth in I.C. § 19-2204 as follows: "After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, or if they…”
State v. Talmage, 658 P.2d 920 (Idaho 1983). · cites it 4× “Just as I.C. § 19-2204 in terms absolutely mandatory entitles a jury to further information on a point of law or clarification of testimony, so does I.”
State v. Carlson, 3 P.3d 67 (Idaho Ct. App. 2000). · cites it 4× “Pursuant to I.C. § 19-2204, a trial court must attempt to meet any reasonable requests by the jury for the re-reading of testimony.”
State v. Couch, 646 P.2d 447 (Idaho Ct. App. 1982). · cites it 6× “Idaho Code § 19-2204 was adopted from California Penal Code § 1138.”
State v. Silcox, 650 P.2d 625 (Idaho 1982). · cites it 4× “Just as I.C. § 19-2204 in terms absolutely mandatory entitles a jury to further information on a point of law or clarification of testimony, so does I.”
State v. Walsh, 119 P.3d 645 (Idaho Ct. App. 2005). · cites it 4× “I.C. § 19-2204. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecutor and the defendant, or after they have been called.”
State v. Robert Javier Garcia, Jr., 326 P.3d 354 (Idaho Ct. App. 2014). · cites it 2× “The district court based its decision to allow the read-back upon Idaho Code § 19-2204 , which provides: After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in…”
People v. Leonardo, 687 P.2d 511 (Colo. Ct. App. 1984). “Crim.P. 26.-03(19); N.Y.Crim.Proc. Law § 310.”
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