What States Allow Jurors to Ask Questions
Whether a juror may submit questions for a witness depends on the state, the type of case, and often the individual judge. These are the questions that establish what applies in the courtroom you are actually sitting in, written for jurors and for anyone preparing for trial.
The questions
Open any question for the note
Does this court allow jurors to submit questions for witnesses?
Why ask it
Ask before assuming either way. Practice differs across states, between civil and criminal cases, and sometimes between judges in the same building, so an answer you read online may not describe the room you are in.
Is the practice set by statute, by a rule of procedure, by an appellate decision, or by the judge?
Why ask it
The source determines how firm the answer is. A statute or rule applies to every trial of that type, while a judge's discretionary practice can change from case to case and may be raised at a pretrial conference.
Does the same rule apply to criminal and civil trials here?
Why ask it
Several jurisdictions treat the two differently, often permitting juror questions more readily in civil cases. If someone tells you the rule without saying which kind of case they mean, the answer is incomplete.
Will the judge tell the jury at the start whether questions are allowed?
Why ask it
Where the practice exists, the instruction usually comes with the preliminary charge rather than later. If nothing is said, that silence is worth clarifying through the proper channel instead of interpreting.
If questions are allowed, how do I submit one?
Why ask it
Written submission handed to the bailiff or clerk is the usual mechanism, because it keeps the question out of the record until the judge has reviewed it. Speaking up during testimony is not the route even where questions are welcome, so use the form the court gives you and wait for the point in the trial the judge names.
When may I submit a question: while a witness is testifying, or after they finish?
Why ask it
Timing is usually fixed at the end of a witness's testimony and before they step down. Missing that window generally means the question cannot be asked at all, since witnesses are rarely recalled for it.
Should I write my question down while it is fresh, and is note taking allowed?
Why ask it
Whether jurors may take notes is a separate permission from whether they may ask questions, and some courts allow one but not the other. Ask about both rather than assuming they travel together.
Who reviews my question before it is asked?
Why ask it
The judge reviews it, usually with counsel, and decides whether it is proper. This is why the answer to a submitted question can take several minutes and a sidebar.
Do the attorneys get to object to a juror question before it is put to the witness?
Why ask it
Where the practice exists, counsel is normally given the chance to object outside the jury's hearing. That step is what keeps an improper question from reaching the witness rather than being struck afterwards.
Who reads the question aloud, the judge or an attorney?
Why ask it
Practice varies, and it matters more than it sounds: reading by the judge keeps the question neutral and keeps the jury from learning which juror asked it.
Will the courtroom or the other jurors know the question came from me?
Why ask it
Written submission is designed to keep authorship out of it, but jurors sometimes work it out anyway. If anonymity matters to you, ask how the court handles it before you submit.
What kinds of questions are not permitted?
Why ask it
The usual limits are the ordinary rules of evidence: nothing that calls for speculation, hearsay, privileged material, or facts not in evidence. A question that would be improper from a lawyer is improper from a juror.
What happens if my question refers to something that has not been put in evidence?
Why ask it
It will most likely not be asked, and the judge may remind the jury to decide the case only on the evidence presented. Being told no is routine and should not be read as a comment on you.
If my question is not asked, will I be told why?
Why ask it
Often the answer is a brief statement that the question was not proper under the rules, without further explanation. Expect that, and expect not to argue the point.
Is it a problem if my question suggests which way I am leaning?
Why ask it
It is worth avoiding. Questions phrased as arguments can also prompt an objection, and the safer form is a request to clarify testimony you did not follow.
May I ask about testimony from two witnesses that seems to conflict?
Why ask it
Clarifying an apparent conflict is one of the more commonly permitted uses, provided the question stays with what was said rather than asking a witness to comment on another's honesty.
Can the attorneys ask follow-up questions after the answer?
Why ask it
Usually yes, and expecting it changes how you hear the answer. The follow-up may take the testimony somewhere the original question did not intend.
Can I raise the point in deliberations instead of asking during trial?
Why ask it
Jurors may generally discuss the evidence in deliberations, and in many courts may send a written question or a request to review testimony to the judge at that stage. The rules governing that are separate from witness questions.
Where can I read this court's written instruction on the subject?
Why ask it
Many courts publish juror instructions and local rules on their own website or hand them out with the summons. Reading the actual text prevents the confusion that comes from summaries of other states' practice.
If I am unsure about any of this, whom should I ask?
Why ask it
Direct the question through the bailiff, the jury clerk or a written note to the judge, whichever the court has told you to use. Court staff can explain procedure but cannot give legal advice, and jurors should not research the case or the law on their own.
Finding the rule that applies to your trial
Practical guidance for the conversation itself
Where the rule lives
Four places to check
A state statute, the state rules of civil or criminal procedure, a decision of the state's highest court, and the trial judge's own practice. A source that answers only one of these has not answered the question for your case.
Local rules and standing orders
Individual courts and judges publish local rules and standing orders that often describe the mechanics in detail: whether questions are permitted, the form to use, and the timing. These are usually available on the court's website.
Civil and criminal are separate answers
Look up the rule for the type of case in front of you. General articles about juror questions frequently describe civil practice and are then quoted as though they covered criminal trials.
If you are the juror
- Wait for the judge's instructions before assuming questions are allowed or forbidden.
- Use the mechanism the court gives you, normally a written note passed to the bailiff or clerk.
- Keep the question short and aimed at clarifying something a witness said.
- Do not ask a witness to speculate, and do not bring in anything from outside the courtroom.
- Accept a decision not to ask your question without pressing for reasons.
- Do not look up the case, the parties or the law on your own at any point.
If you are trying the case
Settle the procedure before the jury is seated
Raise juror questions at the pretrial conference: whether they will be permitted, the submission form, when counsel sees them, and how objections will be made and preserved on the record.
Ask for the objection to be taken outside the jury's hearing
Objecting in front of the jury to a question one of them wrote creates a problem no answer fixes. A sidebar or a break keeps the exchange off the jury's radar.
Treat submitted questions as information
Even a question the judge declines to ask tells you what part of your case has not landed. Adjust the remaining examination and the closing accordingly.
Notes and limits
State lists go out of date
Rules and judicial practice on juror questioning have changed repeatedly, so a list of states compiled some years ago may no longer be accurate. Verify against the current rule or the court itself.
This is general information, not legal advice
If your interest in the question is a case you are involved in, ask the court or a lawyer licensed in that state. If you are a sitting juror, follow the instructions the judge gives you over anything you read elsewhere.