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Rule 287. Disagreement As to Evidence


If the jury disagree as to the statement of any witness, they may, upon applying to the court, have read to them from the court reporters notes that part of such witness’ testimony on the point in dispute; but, if there be no such reporter, or if his notes cannot be read to the jury, the court may cause such witness to be again brought upon the stand and the judge shall direct him to repeat his testimony as to the point in dispute, and no other, as nearly as he can in the language used on the trial; and on their notifying the court that they disagree as to any portion of a deposition or other paper not permitted to be carried with them in their retirement, the court may, in like manner, permit such portion of said deposition or paper to be again read to the jury.

Source: Acts 1939, 46th Leg., p. 213, Sec. 1, being Art. 2199 as amended, with minor textual change.

Caveat: The above statute took effect on Jan. 1, 1940, after the Rule Making Act became effective.

Oct. 29, 1940, eff. Sept. 1, 1941.