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Illinois Supreme Court to allow juror questions in civil trials

The Illinois Supreme Court announced Tuesday it will allow jurors to submit questions to witnesses in civil trials beginning July 1, pending approval of the trial judge.

Nearly two years in the making, the new Supreme Court Rule has the support of judges and lawyers, including the Illinois State Bar Association, the largest in the bar association state with more than 30,000 members, and the Chicago Bar Association, which boasts 21,000 members.

“Such a rule enhances juror engagement, juror comprehension and attention to the proceeding and gives jurors a better appreciation for our system of justice,” said Chief Justice Thomas L. Kilbride in a prepared statement.

The trial judge has discretion when it comes to implementing the rule, and the announcement is accompanied by safeguards to ensure that testimony the questions elicit complies with rules of evidence, Kilbride said.

Proponents point out that half the states and all federal circuits allow jurors to submit written questions to witnesses. To that end, Chief Judge James F. Holderman, of the U.S. District Court for the Northern District of Illinois said that he has used written questions from jurors for more than five years and the process has always run smoothly.

It works like this: If the trial judge determines it appropriate, jurors will submit questions which the judge will read to the attorneys outside the jury’s presence. The judge will rule on any objections and determine whether to admit, modify or exclude questions. The judge then reads the questions to the witness, after which attorneys may ask follow-up questions.

Supreme Court spokesman Joseph Tybor said there are no plans at present to expand juror questions to criminal courts.

In other court-related news:

Ÿ Tybor said the Supreme Court is deferring Cook County’s request to allow cameras in the courtroom while it waits for more results from pilot programs under way in the state. Currently 11 counties and four circuits encompassing metropolitan and rural areas from around the state are participating in the pilot program. The high court will evaluate how the pilot programs proceed in those counties before expanding, Tybor said, but there is no immediate timetable for that evaluation.

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