Assisting the jury at impasse

(a) Determination

After a jury reports that it has reached an impasse in its deliberations, the trial judge may, in the presence of counsel, advise the jury of its duty to decide the case based on the evidence while keeping an open mind and talking about the evidence with each other. The judge should ask the jury if it has specific concerns which, if resolved, might assist the jury in reaching a verdict.

(b) Possible further action

If the trial judge determines that further action might assist the jury in reaching a verdict, the judge may:

(1) Give additional instructions;

(2) Clarify previous instructions;

(3) Permit attorneys to make additional closing arguments; or

(4) Employ any combination of these measures.