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This entry was published on 2014-09-22
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SECTION 4110-C
Trial jury; viewing of premises
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 41
§ 4110-c. Trial jury; viewing of premises. 1. When during the course
of a trial the court is of the opinion that a viewing or observation by
the jury of the premises or place where alleged injuries to person or
property were sustained in an accident or occurrence claimed to have
been the cause thereof or of any other premises or place involved in the
case will be helpful to the jury in determining any material factual
issue, it may in its discretion, at any time before the commencement of
the summations, order that the jury be conducted to such premises or
place for such purpose in accordance with the provisions of this
section.

2. In such case, the jury must be kept together throughout under the
supervision of an appropriate public servant or servants appointed by
the court, and the court itself must be present throughout. The parties
to the action and counsel for them may as a matter of right be present
throughout, but such right may be waived.

3. The purpose of such an inspection is solely to permit visual
observation by the jury of the premises or place in question and neither
the court, the parties, counsel nor the jurors may engage in discussion
or argumentation concerning the significance or implications of anything
under observation or concerning any issue in the case.