On April 3, 2012, the Illinois Supreme Court adopted new Rule 243, which will allow jurors to submit questions of witnesses during civil trials. Presently, half of the state court systems and all of the federal circuits allow jurors to submit questions to witnesses.
In a civil trial, the judge will have discretion on whether the rule will be implemented and which witnesses may be questioned. If allowed, the jury members may submit written questions to the judge initially. There is no limit to the number of questions allowed any one juror, and the jury members will not be required to submit questions. All questions will be marked as exhibits and made a part of the record. Outside the presence of the jury, the judge will review the questions with counsel and rule on all objections. The judge will then decide on which questions will be admitted or excluded. Questions may also be modified by the judge. After the appropriate questions have been decided upon, the judge will read them to the witness with an opportunity for follow-up questions from the attorneys limited to the scope of the new testimony.
The goal of Rule 243 is that jurors will better comprehend the testimony being offered, allowing for verdicts that are based on a correct understanding of the facts and testimony. Rule 243 becomes effective on July 1, 2012 for all civil trials in Illinois.