CACI No. 112. Questions From Jurors

Judicial Council of California Civil Jury Instructions (2024 edition)

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112.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 staff. 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. Your question

may not be asked for a variety of reasons. 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 are not an advocate for one side or the other. Each

of you is an impartial judge of the facts. Your 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 2011

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 From Jurors. This instruction may be modified to account for an

individual judge’s practice.

Sources and Authority

• Written 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 offending 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

affected 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 affect 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 Witkin, California Evidence (5th ed. 2012) Presentation at Trial, § 97

Wegner et al., California Practice Guide: Civil Trials & Evidence, Ch. 7-E, Juror

Questioning Of Witnesses, ¶ 7:45.11b (The Rutter Group)

4 California Trial Guide, Unit 91, Jury Deliberations and Rendition of Verdict,

§§ 91.01-91.03 (Matthew Bender)

California Judges Benchbook: Civil Proceedings - Trial §§ 3.96, 8.53 (Cal CJER

2019)

CACI No. 112 PRETRIAL INSTRUCTIONS

Page last reviewed May 2024