FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 3 - CHAPTER 16
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16.9 Questions To Witnesses By Jurors

        16.9.3 Composite Instructions On Juror Questions

        16.9.3.1 Samples Of Composite Instructions On Juror Questions

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 3 - CHAPTER 16

    16.9.3.1    Samples Of Composite Instructions On Juror Questions

PRACTICE NOTE: These instructions address multiple issues regarding the use of juror authored questions. Rationale and authority as to the individual components of these instructions can be found in individual sections of FORECITE National™ 16.9 [Questions To Witnesses By Jurors].

RESEARCH NOTES:

See also Manual On Recurring Problems In Criminal Trials [16. Jury Questioning Of Witnesses].

See also A Manual On Jury Trial Procedures [3.5.2 Juror Questions During Trial: Practical Suggestions].

RELATED FEDERAL MODEL INSTRUCTIONS:

See also Federal Judicial Center, Pattern Criminal Jury Instruction 2.

SAMPLE INSTRUCTION # 1:

    Generally only the lawyers and I ask witnesses questions. If you are concerned about whether a witness will testify about a matter that seems important to you, usually, if you are patient, the matter will be covered by further questions asked by me or the lawyers.

    Occasionally, however, a juror feels that an important question has not been asked. Now I am not encouraging any of you to pose questions to the witnesses in this case. However, if it happens during trial that you feel an important question has not been asked, you may write out the question on a blank piece of paper from your notebook, raise your hand when the lawyers are finished with their examination of the witness, and have the question handed to me. I then will decide if the question is a proper one after consulting with the lawyers. If it is, and if it relates to a factual matter about which the witness can testify, I will ask the witness the question.

    If I do not ask the question, that means I have decided that it is not legally proper for some reason, just like I might sustain an objection to a question asked by a lawyer for the same reason. If I do not ask the question, the juror posing it should not guess or speculate about what the answer might have been, and may not consider the question or discuss it with other jurors during deliberations. If I decide that the question deals with a legal issue, I may decide to wait until my final instructions and answer it then if it is relevant to your consideration of the case.

    No juror ever may pose questions orally to a witness at any time during the trial. Moreover, you may pose a question to a witness only to help you understand the testimony, to clarify the evidence or to seek information, not to discredit or argue with a witness. This is because you, as jurors, are impartial judges of the facts, not advocates for either side in this trial.

    Finally, remember that just because you may submit questions to witnesses does not mean that you may discuss this case with a fellow juror or anyone else before you begin your deliberations. You may not do so, as I already have told you, and will remind you throughout this trial. This means that you may not discuss with a fellow juror or anyone else, either here in the courtroom or outside, any question you might be thinking of posing to a witness.

[Yeager v. Greene (DC App. 1985) 502 A2d 980, 1005]

SAMPLE INSTRUCTION # 2:

    You will be given the opportunity to ask written questions of any of the witnesses called to testify in this case. You are not encouraged to ask large numbers of questions because that is the primary responsibility of counsel. Questions may be asked only in the following manner.

    After both lawyers have finished questioning a witness and only at this time, if there are additional questions you would like to ask the witness, you may then seek permission to ask that witness a written question. Should you desire to ask a question, simply raise your hand and the bailiff will furnish you with a pencil and paper. Questions must be directed to the witness and not to the lawyers or the judge. After consulting with counsel, I will determine if your question is legally proper. If I determine that your question may properly be asked, I will ask it. No adverse inference should be drawn if the court does not allow a particular question to be asked.

[State v. Darcy (WI 1998) 581 NW2d 567, 580.]