POST-TRIAL PRE-DELIBERATION PROCESS WITH ATTORNEYS AND JUDGE OR CLERK TO DETERMINE AND CONFIRM WHAT EVIDENCE WAS ADMITTED AND WHAT WILL GO TO JURY
From MN Bench Book - Trial Procedures & Practices for Judges
At the end of the trial, after final arguments and instructions to the jury, the judge should require the attorneys to physically review all physical evidence before it is given to the jury. The attorneys and the judge or the judge's clerk should follow the procedure below;
1. The judge or the judge's clerk keeps track of all physical evidence that has been marked, offered and received or denied entry into evidence. The attorneys may have kept their own list of such evidence. The attorneys and the judge or the judge's clerk should agree, on the record on the contents of such a list of physical items marked, offered and received or denied admission into evidence.
2. The attorneys should agree, on the record, that all admitted evidence is in the set of evidence that will be given to the jury for their consideration during deliberations.
3. The attorneys should examine the back of all documents admitted into evidence. If there is any writing on the back of a document received into evidence, the attorneys should agree on the record that writing on the back of such admitted evidence was also admitted. If there is writing or anything else such as a diagram or drawing on the back of the document that was not admitted, the item should be redacted by making a copy of just the front of the document.
4. The attorneys should agree, on the record, that there is nothing in the set of materials to be given to the jury for their consideration that has not been admitted into evidence.
Failure to follow this procedure can result in a mistrial if prejudicial material not admitted into evidence is sent to the jury for their consideration during deliberation.