Thursday 7 March 2013

Your Personal Injury Lawyer in Illinois and Juror Questions at Trial

If your case ends up going to trial with your personal injury lawyer Illinois, your lawyer may have no choice but to allow jurors to ask questions of all witnesses. In July 2012, Illinois Supreme Court Rule 243 went into effect. That rule gives the trial judge the discretion of allowing jurors to ask questions of trial witnesses in personal injury cases. 


Although many other state courts have allowed this procedure, the Illinois Supreme Court is the first state to actually establish a rule allowing it. The idea is that it will increase the attentiveness of the jurors and assist them in their understanding of the case.

At the conclusion of the testimony of each witness, jurors will be allowed to submit their questions in writing to the bailiff. Jurors are instructed not to discuss their questions with other jurors and then given a recess while the judge considers whether or not to allow the questions. Outside the presence of the jury, the judge reads each question to the lawyers.

After discussion and ruling on any objections and possible modification of the question, the judge will reconvene the jury and read the questions to the witness, who the judge instructs to answer the question without elaboration. Your personal injury lawyer Illinois will be allowed to ask follow-up questions.

If you go to trial with your personal injury lawyer Illinois, be prepared to hear a juror question that seems “off the wall” and takes the trial in a different direction than anticipated. The question may even upset you.

Instead of getting upset, keep in mind that an unexpected question may give your lawyer a chance to identify an overlooked weakness in the case. Your lawyer can then ask follow-up questions and later present evidence designed to clarify the juror’s expressed concern. On the other hand, trust the judgement of your personal injury lawyer Illinois in deciding not to focus undue attention on one juror question that may be pulling the trial off track.

The trend in all states is to allow jurors to ask questions. The American Bar Association has encouraged lawyers to embrace the idea and not object. Your personal injury lawyer chicago may not have a choice now that the Illinois Supreme Court has sanctioned the practice. If your trial judge authorizes this procedure in your case, trust your trial attorney to use the procedure to your advantage.

3 comments:

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