§ 16-89-125 - Deliberation of jury.
16-89-125. Deliberation of jury.
(a) While the jury is absent, the court may adjourn from time to time as to other business, but it shall be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
(b) When the evidence is concluded, the court shall, on motion of either party, instruct the jury on the law applicable to the case. If the defense is the insanity of the defendant, the jury must be instructed to state that fact in their verdict if they acquit him or her on that ground.
(c) A suitable room must be provided for the use of the jury on their retirement for deliberation, with suitable furniture, fuel, lights, and stationery.
(d) (1) After the cause is submitted to the jury, they must be kept together in the charge of the sheriff, in the room provided for them, except during their meals and periods for sleep, unless they are permitted to separate by order of the court.
(2) Suitable food and lodging must be provided by the sheriff and the expense paid by the county.
(3) Upon retiring for deliberation, the jury may take with them all papers which have been received as evidence in the cause.
(e) After the jury retires for deliberation, if there is a disagreement between them as to any part of the evidence or if they desire to be informed on a point of law, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of or after notice to the counsel of the parties.
(f) (1) If, after retirement, one of the jurors becomes so sick as to prevent the continuance of his or her duty, or other accident or cause occurs preventing the jury from being kept together or, after being kept together such a length of time as the court deems proper, they do not agree in a verdict and it satisfactorily appears that there is no probability they can agree, the court may discharge them.
(2) In all cases where a jury is discharged, either in the progress of a trial or after the cause is submitted to them, the cause may again be tried at the same or another term of the court.