106.Jurors Asking Questions
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 the bailiff. I will discuss the question with the attorneys and
decide whether it may be asked. Do not feel slighted or disappointed if
your question is not asked. Your question may not be asked for a
variety of reasons, including the reason that the question may call for
an answer that is inadmissible for legal reasons. Also, do not guess the
reason your question was not asked or speculate about what the answer
might have been. Always remember that you are not advocates for one
side or the other in this case. You are impartial judges of the facts.
New January 2006; Revised August 2006
This instruction may be given on request.
• Statutory Admonitions. See generally Pen. Code, § 1122.
•Juror Questions. California Rules of Court, Rule 2.1033.
5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 643.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.02 (Matthew Bender).