How have federal courts treated a jury's request to read back a summation of testimony in a civil case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Arboleda, 20 F.3d 58 (2nd Cir. 1994):

As an initial matter, as both sides acknowledge, there are no federal cases precisely on point. We have recognized, of course, that whether requested testimony should or should not be read back to a jury during its deliberations is a matter confided to a trial court's broad discretion in the conduct of a trial before it. See United States v. Damsky, 740 F.2d 134, 138 (2d Cir.), cert. denied, 469 U.S. 918, 105 S.Ct. 298, 83 L.Ed.2d 233 (1984); United States v. Pollak, 474 F.2d 828, 832 (2d Cir.1973). While deciding whether or not to grant a jury's request to hear a summation or a portion thereof read back is discretionary, such discretion should be exercised sparingly.

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