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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.

4.4 Questioning Witnesses

(Last revised March 2011)

[1]              When lawyers ask witnesses questions, they have to follow certain rules.

[2]              One set of rules applies when they are asking questions of witnesses they have called. These questions are called “examination in chief.”

[3]              Another set of rules applies when lawyers are questioning witnesses that the other side has called. These questions are called “cross-examination.”

[4]              Examination in chief always comes first; then the lawyer from the other side has an opportunity to cross-examine the same witness.[20]

[5]              After a witness has been cross-examined, the lawyer who first called that witness may be permitted to ask additional questions to clarify or explain matters that have come up in cross-examination. This is called “re-examination.”

[20] Where the trial judge permits jurors to ask questions, [3] requires modification or the addition of instructions such as Preliminary 4.6.