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Florida Evidence Code
Federal Rules of Evidence
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Small Claims
About
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RULE 3.371. JUROR QUESTIONS OF WITNESSES

  • Allowing jurors to ask questions is at the sole discretion of the trial judge.
  • If permitted, questions must be submitted in writing.
  • The judge reviews the question, and the attorneys can object outside the presence of the jury.
  • Attorneys are allowed to ask follow-up questions to clarify a juror's question.
  • The judge must instruct the jury that if a question is not asked, they should not discuss it or hold it against either party.

(a) Judicial Discretion. At the discretion of the presiding trial judge, jurors may be allowed to submit questions of witnesses during the trial.

(b) Procedure. The trial judge shall utilize the following procedure if a juror indicates that the juror wishes to ask a question:

(1) the questions must be submitted in writing;

(2) the trial judge shall review the question outside the presence of the jury;

(3) counsel shall have an opportunity to object to the question outside the presence of the jury;

(4) counsel shall be allowed to ask follow up questions; and

(5) the jury must be advised that if a question submitted by a juror is not allowed for any reason, the juror must not discuss it with the other jurors and must not hold it against either party.

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