1 12 . Questions From Jurors
If, during the trial, you have a question that you believe should be asked
of a witness, you may write out the question and send it to me through
my courtroom sta f f. I will share your question with the attorneys and
decide whether it may be asked.
Do not feel disappointed if your question is not asked. Y our question
may not be asked for a variety of r easons. For example, the question
may call for an answer that is not allowed for legal reasons. Also, you
should not try to guess the reason why a question is not asked or
speculate about what the answer might have been. Because the decision
whether to allow the question is mine alone, do not hold it against any of
the attorneys or their clients if your question is not asked.
Remember that you ar e not an advocate for one side or the other . Each
of you is an impartial judge of the facts. Y our questions should be posed
in as neutral a fashion as possible. Do not discuss any question asked by
any juror with any other juror until after deliberations begin.
New February 2005; Revised April 2007, April 2009, June 201 1
Directions for Use
This is an optional instruction for use if the jurors will be allowed to ask questions
of the witnesses. For an instruction to be given at the end of the trial, see CACI No.
5019, Questions Fr om Jur ors . This instruction may be modified to account for an
individual judge’ s practice.
Sources and Authority
• W ritten Questions From Jurors. Rule 2.1033 of the California Rules of Court.
• “In a proper case there may be a real benefit from allowing jurors to submit
questions under proper control by the court. However , in order to permit the
court to exercise its discretion and maintain control of the trial, the correct
procedure is to have the juror write the questions for consideration by the court
and counsel prior to their submission to the witness.” ( People v . McAlister
(1985) 167 Cal.App.3d 633, 644 [213 Cal.Rptr . 271].)
• “[T]he judge has discretion to ask questions submitted by jurors or to pass those
questions on and leave to the discretion of counsel whether to ask the
questions.” ( People v . Cummings (1993) 4 Cal.4th 1233, 1305 [18 Cal.Rptr .2d
796, 850 P .2d 1].)
• “The appellant urges that when jurymen ask improper questions the defendant is
placed in the delicate dilemma of either allowing such question to go in without
objection or of of fending the jurors by making the objection and the appellant
insists that the court of its own motion should check the putting of such
improper questions by the jurymen, and thus relieve the party injuriously
af fected thereby from the odium which might result from making that objection
thereto. There is no force in this contention. Objections to questions, whether
asked by a juror or by opposing counsel, are presented to the court, and its
ruling thereon could not reasonably af fect the rights or standing of the party
making the objection before the jury in the one case more than in the other .”
( Maris v . H. Crummey , Inc. (1921) 55 Cal.App. 573, 578-579 [204 P . 259].)
Secondary Sources
3 W itkin, California Evidence (5th ed. 2012) Presentation at T rial, § 97
W egner et al., California Practice Guide: Civil T rials & Evidence, Ch. 7-E, Jur or
Questioning Of W itnesses , ¶ 7:45.11b (The Rutter Group)
4 California Trial Guide, Unit 91, Jury Deliberations and Rendition of V er dict ,
§§ 91.01-91.03 (Matthew Bender)
California Judges Benchbook: Civil Proceedings - T rial §§ 3.96, 8.53 (Cal CJER
CACI No. 1 12 PRETRIAL INSTRUCTIONS
Page last reviewed May 2024
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