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Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

4.6 Questioning of Witnesses by Jurors

Note[22]

(Last revised March 2011)

[1]              It is not the role of jurors to conduct the trial. It is your duty to consider the evidence that is presented, not to decide what questions the witnesses should be asked or how to ask them.

[2]              Sometimes you might wish to ask a witness a question. It is usually best to listen to the rest of the witness’s testimony in case your question is answered later. It may even be answered by another witness. This is why it is generally best simply to be patient and listen closely to all the evidence.

[3]              However, if there is an important point that you believe needs to be clarified, put up your hand to indicate that you have a question. Please hand your question to me in writing. After I have read the question, I will decide what to do. I may need to ask you to go to the jury room while I discuss the question with the lawyers.

[22] This instruction is optional. It should only be given when the judge decides to permit jurors to ask questions and to tell them that they may do so.