The Illinois Supreme Court has officially endorsed the practice of allowing jurors to ask questions of witnesses in civil cases. Although the practice has been used previously by some Illinois judges, the recent decision removes any doubt that the practice is authorized. This decision by the Illinois Supreme Court follows a growing movement in the country to allow questions by jurors e.g., both Florida and Michigan recently started to allow the practice. Many see juror questions as a way to improve juror comprehension and juror decison making.
Last summer, I testified before the Illinois Supreme Court Rules committee on this issue. One of the reasons that I gave in support of allowing juror questions was that it would cut down on juror misconduct. I argued that if jurors were allowed to ask questions they would be less likely to go online and conduct their own independent research of the case.
Here is how the process will work in Illinois.
At the conclusion of questioning of a witness by attorneys, the trial judge will determine whether the jury will be afforded the opportunity to question the witness. If ques-tions are deemed appropriate by the trial judge, jurors will be asked to submit any question they have for the witness in writing. No discussion regarding the questions is allowed between jurors. The bailiff will collect any questions and present them to the judge who will mark them as exhibits and make them part of the record.
The judge will read the questions to all the attorneys outside the presence of the jury, and give counsel an opportunity to object to the question. The trial judge will rule on any objections and the questions will either be admitted, modified or excluded.
The trial judge will ask each question that is permitted and will instruct the witness to answer only the question presented. The judge will then provide all counsel with an opportunity to ask follow-up ques-tions limited to the scope of the new testimony.
To read more about the decision go here.