Are Jurors Allowed to Ask Questions
Whether a juror may ask questions depends on the court and, often, on the individual judge. These are questions a juror can put to the judge or to court staff about how the practice works locally, together with the questions worth asking yourself before submitting one. This is general information, not legal advice: follow the instructions you are given in your own courtroom.
The questions
Open any question for the note
Does this court allow jurors to submit questions to witnesses?
Why ask it
Practice differs by jurisdiction and by judge, and some judges allow it in civil trials but not criminal ones. Asking at the start avoids sitting on a question for two days that was never going to be put.
If questions are allowed, do I write them down or ask them out loud?
Why ask it
Where the practice exists, courts commonly ask for questions in writing so they can be screened before a witness hears them. Knowing the format means your question arrives in a form the court can use.
At what point in the trial should a question be handed in?
Why ask it
Timing usually matters: a question for a particular witness is normally of no use once that witness has been excused. Ask whether there is a moment set aside before each witness leaves the stand.
Who reads my question before it is asked, and can the lawyers object to it?
Why ask it
In most arrangements the judge reviews the question with counsel out of the jury's hearing, and either side may object. Understanding that explains why a reasonable question may never be read aloud.
Will I be told if my question is not put to the witness?
Why ask it
Some judges explain that a question was excluded, others simply move on. Knowing which to expect prevents you from reading meaning into the silence, which is the mistake this practice is most criticised for.
Can I ask the judge to repeat or explain an instruction?
Why ask it
Instructions on the law are the part jurors most often need repeated, and asking is normally treated differently from questioning a witness. It is usually done in writing through the court officer rather than by speaking up.
Can I ask for testimony to be read back?
Why ask it
Whether a transcript or read-back is available depends on the court and on what was recorded. It is worth asking before deliberation begins rather than relying on notes and memory.
Am I allowed to take notes, and can I use them during deliberation?
Why ask it
Note taking is permitted in many courts and prohibited in some, and the notes are often collected at the end. If notes are not allowed, the read-back question above becomes more important.
What should I do if I did not hear or did not follow a piece of evidence?
Why ask it
Missing a sentence of testimony is common and easily fixed if raised at the time. Left until deliberation, it becomes a gap that other jurors fill in for you from their own recollection.
Can I ask for a break if I am unwell or cannot concentrate?
Why ask it
Courts generally prefer to be told promptly rather than have a juror sit through evidence they cannot follow. Ask how to signal it, since interrupting proceedings directly is usually discouraged.
Who do I tell if I realise I know someone involved in the case?
Why ask it
This can arise mid-trial when a name or a face becomes familiar, and it needs to be raised immediately with the court officer or judge. Deciding for yourself that it does not matter is what causes trials to collapse later.
What do I do if something about the case reaches me outside the courtroom?
Why ask it
A news item, a social media post or a comment from a relative all need reporting rather than ignoring. The court can only deal with it if it knows, and jurors are usually told this applies even when the exposure was accidental.
Am I allowed to ask what a legal term means?
Why ask it
Terms like burden of proof or hearsay carry specific meanings that are not the everyday ones. Judges generally prefer to define them than to have twelve people work from twelve informal definitions.
Can I ask to see an exhibit again during deliberation?
Why ask it
Requests for exhibits are usually made in writing from the jury room. Some material may not be sent in at all, and the judge will explain why if that is the case.
What happens if other jurors disagree with the question I want to ask?
Why ask it
Where questions are submitted individually, agreement is not normally required. Establishing that early avoids a discussion about whose question it is when the point of it is simply to hear the answer.
Is there anything I should not ask about, and why?
Why ask it
Questions that call for speculation, that go to matters ruled inadmissible, or that suggest you have been reasoning ahead of the evidence tend to be excluded. Hearing the categories in advance saves everyone time.
Who do I tell if I think another juror is researching the case on their own?
Why ask it
Independent research is one of the more common reasons a trial has to be restarted, and jurors are usually asked to report it. Raise it with the court officer rather than with the juror concerned.
How do I raise a problem with my employer or the schedule without discussing the case?
Why ask it
Practical difficulties are handled by court administration, and there is normally a route for them that does not touch the evidence. Keeping the two separate protects both you and the trial.
What am I allowed to say about the case after the verdict?
Why ask it
Restrictions on discussing deliberations continue in many jurisdictions after a trial ends, and in some they are permanent. Ask before you leave rather than afterwards.
If I am unsure whether a question is proper, is it better to submit it or hold it back?
Why ask it
Since the judge screens questions anyway, submitting is usually harmless and holding back can leave a genuine gap in your understanding. Asking the judge directly settles it for the rest of the trial.
How juror questions usually work
Practical guidance for the conversation itself
The usual process
The practice varies, so start by asking
Some courts invite juror questions as a matter of routine, some allow them at the judge's discretion, and some do not permit them at all. The judge's opening instructions normally cover it, and if they do not, the question can be put through the court officer.
Questions are screened before they are asked
Where the practice is allowed, a written question is typically handed to the court officer, read by the judge, and discussed with the lawyers outside the jury's hearing. The judge may put it as written, rephrase it, or decline it.
A declined question is not a criticism
Questions are most often excluded because the rules of evidence do not permit the answer, not because the question was poor. Judges vary in how much they explain, so ask at the outset whether you will be told.
Writing a question the court can use
- Direct it at one witness and at something they can speak to from their own knowledge.
- Keep it to a single sentence. Multi-part questions are usually split or set aside.
- Ask about facts, not about what a witness thinks someone else intended.
- Avoid anything that reveals a conclusion you have already reached, since the evidence is not complete until the trial ends.
- Write it while the witness is still giving evidence, and hand it in before they are excused.
- If it is about the law or an instruction rather than a witness, say so, because it goes to the judge by a different route.
Points to be careful about
Do not look for the answer yourself
Searching a name, visiting a location or reading coverage of the trial can end the case and, in some jurisdictions, expose the juror to penalties. If you have a question, the court is the only place to put it.
Do not discuss the case where it can be overheard
That includes with family, in corridors, and in any written message. Discussion with other jurors is normally confined to the jury room once deliberation has begun.
Do not read anything into an unanswered question
Silence after a question is not evidence and cannot be treated as such. If it is troubling you, tell the judge, because that is exactly the kind of concern the court would rather hear during the trial.
Follow the instructions in your own courtroom
General descriptions of practice cannot override what your judge tells you. Where the two differ, the judge's instruction is the one that applies.