 The rule has undergone extensive study since it was received by the
Supreme Court Rules Committee in August 2010, and it was discussed
at a public hearing where it received the support of the chief judge
of the Northern District of Illinois, the Illinois State Bar
Association, the Chicago Bar Association and others.It will go
into effect July 1 as Supreme Court Rule 243.
"This proposal was the subject of much discussion --- both
internally by the Illinois Supreme Court Rules Committee at several
of its meetings and at a public hearing in May 2011," Kilbride said.
"Based on the comments of those who have used or seen the procedure
at trials, such a rule enhances juror engagement, juror
comprehension and attention to the proceeding, and gives jurors a
better appreciation for our system of justice. The rule is written
so that its implementation rests with the discretion of the trial
judge and with safeguards so that the testimony it elicits complies
with the rules of evidence."
John B. Simon, chair of the Supreme Court Rules Committee,
believes the scrutiny given the proposal before its adoption will
benefit not only jurors, but lawyers, judges and the entire system
of justice.
"After receiving positive written comments and hearing the
favorable views of the organized bar, practitioners and judges
during the public hearing, I expect that judges and trial lawyers
will welcome the adoption of the new rule," said Simon. "The
parameters set forth in the rule are designed to maintain
neutrality, while at the same time engaging the interest of jurors
in focusing on and following the testimony, and giving trial counsel
the ability to elicit evidence responsive to the questions raised."
The rule is not unique to Illinois. Proponents of the measure
said that more than half of all the states and all of the federal
circuits permit jurors to submit written questions for witnesses,
with or without the discretion of the trial judge.
One of the supporters, Chief Judge James F. Holderman of the U.S.
District Court for the Northern District of Illinois, said at the
hearing that he has been using written questions by jurors for more
than five years. He said the process has always run smoothly, and it
seems that fewer questions come out of the jury room when jurors are
deliberating.
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The procedure will work this way: At the conclusion of questioning
of a witness by attorneys, the trial judge will determine whether
the jury will be afforded the opportunity to question the witness.
If questions are deemed appropriate by the trial judge, jurors will
be asked to submit in writing any question they have for the
witness. No discussion regarding the questions is allowed between
jurors. The bailiff will collect any questions and present them to
the judge, who will mark them as exhibits and make them part of the
record.
The judge will read the questions to all the attorneys outside
the presence of the jury and will give counsel an opportunity to
object to the questions. The trial judge will rule on any
objections, and the questions will either be admitted, modified or
excluded.
The trial judge will ask each question that is permitted and will
instruct the witness to answer only the question presented. The
judge will then provide all counsel with an opportunity to ask
follow-up questions limited to the scope of the new testimony.
The Rules Committee recommended the trial judge give jurors a
preliminary instruction, explaining the procedure to them; and after
testimony in the entire trial is completed, give the jury another,
final instruction.
It is anticipated that proposed jury instructions will be
reviewed and published by the Supreme Court Committee on Jury
Instructions in Civil Cases.
[Text from file
received from
Illinois Supreme Court]
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