Jurisdiction-by-Jurisdiction rules for juror questions to witnesses

A    C    D   F   G   H    I    K    M    N    O    P    S    T    U   V    W 

Alaska

Court held a trial judge could allow jurors to question witnesses, and in this particular case the practice did not undermine the impartiality of the jury.  Court further explained that the procedure for juror questioning will be analyzed on a case-by-case basis.  So held in a criminal case, but there is no reason to think the rule is otherwise in civil cases: Landt v. State, 87 P.3d 73 (Alaska App. 2004).

Arizona

16 A.R.S. Rules of Civil Procedure, Rule 39(b) ). Order of Trial by Jury; Questions by Jurors to Witnesses or the Court

(10) Jurors shall be permitted to submit to the court written questions directed to witnesses or to the court. Opportunity shall be given to counsel to object to such questions out of the presence of the jury. Notwithstanding the foregoing, for good cause the court may prohibit or limit the submission of questions to witnesses.

17 A.R.S. Rules Crim.Proc., Rule 18.6 Preparation of jurors

e. Juror Questions. Jurors shall be instructed that they are permitted to submit to the court written questions directed to witnesses or to the court; and that opportunity will be given to counsel to object to such questions out of the presence of the jury. Notwithstanding the foregoing, for good cause the court may prohibit or limit the submission of questions to witnesses.

Arkansas

Juror questioning is within the discretion of the trial judge.  So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: Nelson v. State, 513 S.W.2d 496 (Ark. 1974). 

California

Court held juror questioning is within the discretion of the trial judge, but the correct procedure is for the juror to write down the question so it can be considered by the court and counsel.  While the court sets out guidelines for juror questioning it does discourage the practice.  So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: People v. McAlister, 213 Cal. Rptr. 271 (1985).

Colorado

Colorado Rules of County Court Civil Procedure Rule 347

(u) Juror Questions. Jurors shall be allowed to submit written questions to the court for the court to ask of witnesses during trial, in compliance with procedures established by the trial court. The trial court shall have the discretion to prohibit or limit questioning in a particular trial for good cause.

Crim. P. Rule 24 Trial Jurors

(g) Juror Questions. Jurors shall be allowed to submit written questions to the court for the court to ask of witnesses during trial, in compliance with procedures established by the trial court. The trial court shall have the discretion to prohibit or limit questioning in a particular trial for reasons related to the severity of the charges, the presence of significant suppressed evidence or for other good cause.

Connecticut

Juror questioning is within the discretion of the trial judge.  So held in a civil case, but there is no reason to believe the rule is otherwise in criminal cases: Gurliacci v. Mayer, 590 A.2d 914 (Conn. 1991).

District of Columbia

Juror questions to witnesses are within the discretion of the trial judge.  So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: Yeager v. Greene, 502 A.2d 980 (D.C. 1985). 

Florida

West's F.S.A. § 40.50 Jury duty and instructions in civil cases

(3) The court shall permit jurors to submit to the court written questions directed to witnesses or to the court. The court shall give counsel an opportunity to object to such questions outside the presence of the jury. The court may, as appropriate, limit the submission of questions to witnesses.

(4) The court shall instruct the jury that any questions directed to witnesses or the court must be in writing, unsigned, and given to the bailiff. If the court determines that the juror's question calls for admissible evidence, the question may be asked by court or counsel in the court's discretion. Such question may be answered by stipulation or other appropriate means, including, but not limited to, additional testimony upon such terms and limitations as the court prescribes. If the court determines that the juror's question calls for inadmissible evidence, the question shall not be read or answered. If the court rejects a juror's question, the court should tell the jury that trial rules do not permit some questions and that the jurors should not attach any significance to the failure of having their question asked.

Georgia

Court held jurors may not directly ask questions of witnesses, but may submit written questions to the court.  So held in a criminal case, but there is no reason to think the rule is otherwise in civil cases: Lance v. State, 560 S.E.2d 663 (Ga. 2002).

Hawaii

Hawaii Rules of Penal Procedure, Rule 26

(b) At the discretion of the court, jurors may be allowed to suggest questions to be asked of witnesses. Each juror question must be in writing and delivered to the court through appropriate court personnel. Upon receipt of a question, the court shall review the propriety of submitting the question to the witness with the parties or their attorneys on the record, but outside the hearing of the jury. If the court deems the question appropriate and subject to the Hawai'i Rules of Evidence (HRE), the court may ask the question. The parties shall have an opportunity to examine matters touched upon by any juror question submitted to a witness, subject to the HRE. Any party may object to the asking of a question, but the court may ask the question over any objection after the objection has been placed on the record. The jury shall be pre- instructed about the procedure for asking questions.

Hawaii Rules of Civil Procedure, Rule 47

(c) Questioning by jury. At the discretion of the court, jurors may be allowed to suggest questions to be asked of witnesses. Each juror question must be in writing and delivered to the court through appropriate court personnel. Upon receipt of a question, the court shall review the propriety of submitting the question to the witness with the parties or their attorneys on the record, but outside the hearing of the jury. If the court deems the question appropriate and subject to the Hawai'i Rules of Evidence (HRE), the court may ask the question. The parties shall have an opportunity to examine matters touched upon by any juror question submitted to a witness, subject to the HRE. Any party may object to the asking of a question, but the court may ask the question over any objection after the objection has been placed on the record. The jury shall be pre-instructed about the procedure for asking questions.

Idaho

Idaho Rules of Civil Procedure, Rule 47(q) Juror questioning of witnesses.

In the discretion of the court, jurors may be instructed that they are individually permitted to submit to the court a written question directed to any witness. If questions are submitted, the parties or counsel shall be given the opportunity to object to such questions outside the presence of the jury. If the questions are not objectionable, the court shall read the question to the witness. The parties or counsel may then be given the opportunity to ask follow-up questions as necessary.


Idaho Criminal Rules (I.C.R.), Rule 30.1 Juror questioning of witnesses.


In the discretion of the court, jurors may be instructed that they are individually permitted to submit to the court a written question directed to any witness. If questions are submitted, the parties or counsel shall be given the opportunity to object to such questions outside the presence of the jury. If the questions are not objectionable, the court shall read the question to the witness. The parties or counsel may then be given the opportunity to ask follow-up questions as necessary.

Indiana

JRules of Evid., Rule 614 Calling and Interrogation of Witnesses by Court and Jury

(d) Interrogation by Juror. A juror may be permitted to propound questions to a witness by submitting them in writing to the judge, who will decide whether to submit the questions to the witness for answer, subject to the objections of the parties, which may be made at the time or at the next available opportunity when the jury is not present. Once the court has ruled upon the appropriateness of the written questions, it must then rule upon the objections, if any, of the parties prior to submission of the questions to the witness.

Jury Rules, Rule 20 PRELIMINARY INSTRUCTIONS

(a) The court shall instruct the jury before opening statements by reading the appropriate instructions which shall include at least the following:

(7) that jurors may seek to ask questions of the witnesses by submission of questions in writing.

Iowa

Juror questioning is within the trial court’s discretion, but the court states that caution should be exercised to prevent abuse. Court provided guidelines for trial courts the guidelines are as follows:

When jurors manifest a desire to ask questions, the court should direct that the questions be submitted to the court in writing. The court should then conduct a hearing out of the presence of the jury in which objections may be made. When the court determines that questions are proper and may be asked, the inquiry of the witness should be conducted by the court rather than be counsel, unless counsel aggress to a different procedure. Finally, counsel should have the opportunity for add ional interrogation of the witness on the subject raised by the questions after the court has asked the juror’s questions.

So held in a civil case, but there is no reason to think the rule is different in criminal cases: Rudolph v. Iowa Methodist Med. Ctr., 293 N.W.2d 550 (Iowa 1980).

Kansas

The court discouraged the practice of juror questioning, but held it is within the discretion of the trial judge. The court set out specific guidelines to be followed by the trial judge:

The trial court should not solicit questions and should only permit them for purposes of clarification. The testimony of a witness should not be interrupted by questions from jurors. Jurors should submit questions in writing and without any discussion with other jurors. Counsel should be afforded the opportunity to object outside the presence of the jury. The trial court must determine the relevancy of the questions. The trial court should instruct the jury not to draw any inference if a question submitted is not asked. The trial judge, rather than counsel or jurors, should question the witness. Finally, counsel should be given the right to further examine the witness following the jury’s questions.

So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: State v. Hays, 883 P.2d 1093 (Kan. 1994).

Kentucky

KRE Rule 614 Calling and interrogation of witnesses by court

(c) Interrogation by juror. A juror may be permitted to address questions to a witness by submitting them in writing to the judge who will decide at his discretion whether or not to submit the questions to the witness for answer.

Massachusetts

Juror questioning is permissible and within the discretion of the trial judge. The court set out a suggested procedure to be followed for juror questions to witnesses:

(1) ‘[T]he judge should instruct [the jury] that they will be given the opportunity to pose questions to witnesses.’ We suggest that the jury also be instructed not to let themselves become aligned with any party, and that their questions should not be directed at helping or responding to any party. Rather, they must remain neutral and impartial, and not assume the role of investigator or of advocate. (2) Jurors’ questions need not be limited to ‘important matters,’ as we stated in Urena, but may also seek clarification of a witness’s testimony. Reining in excessive questioning may present the greatest challenge to a judge …(3) The judge should ‘emphasize to jurors that, although they are not expected to understand the technical rules of evidence, their questions must comply with those rules, and so the judge may have to alter or to refuse a particular question.’ (4) ‘The judge further should emphasize that, if a particular question is altered or refused, the juror who poses the question must not be offended or hold that against either party.’ (5) ‘It is important that the jurors are told that they should not give the answers to their own questions a disproportionate weight.’ We suggest that the judge also instruct the jurors not to discuss the questions among themselves but, rather each juror must decide independently any questions he or she may have for a witness. (6) ‘These instructions should be repeated during the final charge to the jury before they begin deliberations.’ (7) All questions should be submitted in writing to the judge. We suggest that the juror’s identification number be included on each question. (8) On submission of questions, counsel should have an opportunity, outside the hearing of the jury, to examine the questions with the judge, may any suggestions, or register objections. (9) Finally, counsel should be given the opportunity to reexamine a witness after juror interrogation.

So held in a criminal case, but there is no reason to think the rule is otherwise in civil cases: Commonwealth v. Britto, 744 N.E.2d 1089 (Mass. 2001).

Michigan

Juror questions to witnesses and the method of submission of questions is within the discretion of the trial judge. So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: People v. Heard, 200 N.W.2d 73 (Mich. 1972).

Minnesota

Prohibits jurors from questioning witnesses in a criminal trial: State v. Costello, 646 N.W.2d 204 (Minn. 2002). No known case law to determine if juror questioning would be permissible in civil cases.

Mississippi

Prohibits jurors from questioning witnesses in both criminal and civil cases: Wharton v. State, 734 So.2d 985 (Miss. 1998).

Missouri

Supreme Court Rule 69.04 Juror Questions

(a) Upon the court's own motion or upon motion of any party, the court may permit jurors to submit questions to witnesses. The court shall resolve any such motion before the jury is impaneled.

(b) If the court permits jurors to submit questions:

(1) The court shall instruct the jurors:

(A) On the procedure to be followed for asking such questions; and
(B) That no adverse inference is to be drawn against any party if any juror question is not allowed;

(2) After all parties have completed examination of each witness, any juror may submit written, anonymous questions;

(3) All parties shall be given an opportunity outside the hearing of the jurors to object to the substance or the form of any question;

(4) The court may limit the number of questions;

(5) The court may revise any question's form and shall read the question to the witness or the parties may stipulate to the answer; and

(6) The court may allow any party to ask follow-up questions after consideration of the juror questions.

Montana

Juror questioning is within the discretion of the trial judge, but the court set out the following safeguards:

(1) the questions should be factual, not adversarial or argumentative, and should only be allowed to clarify information already present; (2) the questions should be submitted to the court in writing; (3) counsel should be given an opportunity to object to the question outside of the presence of the jury; (4) the trial judge should read the questions to the witness; and (5) counsel should be allowed to ask follow-up questions.

So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: State v. Graves, 907 P.2d 963 (Mont. 1995).

Nebraska

Prohibits jurors from questioning witnesses in both criminal and civil cases: State v. Zima, 468 N.W.2d 377 (Neb. 1991). 

Nevada

Discretionary with the trial judge. Court sets out safeguards for the trial court to follow:

(1) initial jury instructions explaining that questions must be factual in nature and designed to clarify information already presented; (2) the requirement that jurors submit their questions in writing; (3) determinations regarding the admissibility of the questions must be conducted outside the presence of the jury; (4) counsel must have the opportunity to object to each question outside the presence of the jury; (5) an admonition that only questions permissible under the rules of evidence will be asked; (6) counsel is permitted to ask follow-up questions; and (7) an admonition that jurors must not place undue weight on the responses to their questions.

So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: Flores v. State, 965 P.2d 901 (Nev. 1998).

New Hampshire

Superior Court Rule 64-B RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE

In any civil case, and in any criminal case in which all parties consent, it is within the discretion of the trial judge to permit jurors to ask written questions. If a trial judge decides to permit jurors to ask written questions at trial, the following procedure shall be utilized:
1. At the start of the trial, the judge will announce to the jury and counsel the decision to allow jurors to ask written questions of witnesses. At this time the judge will instruct the jurors on taking notes and, as to the scope of questioning, the procedure to be followed.
2. Trial will proceed in the normal fashion until questioning of the first witness has been completed by both counsel.
3. When questioning of the first witness is completed, the court will allow jurors to formulate any questions they may have, in writing. Jurors will be asked to put their seat number on the back of the question. The judge is the only person who will see the number.
4. The bailiff will collect the anonymous questions and deliver them to the judge.
5. At the bench, the judge and counsel will read the proposed questions. Counsel will be given the opportunity to make objections on the record to any proposed question after which the judge will decide if they are appropriate, based on the rules of evidence, and whether, under the circumstances of the case, the judge will exercise discretion to permit the questions.
6. Questions may be rephrased by the judge, or the judge may ask the question in a way mutually agreeable to the parties. The question should, however, attempt to obtain the information sought by the juror's original question.
7. After all the chosen questions are answered, each counsel will have an opportunity to re-examine the witness. The party who called the witness will proceed first. The judge should allow only questions which directly pertain to questions posed by the jurors. The judge may also impose a time limit. If the judge does plan to impose a time limit, counsel should be notified and given an opportunity to object to the length outside the hearing of the jury.
8. The judge shall instruct the jury substantially as follows:
A. INSTRUCTIONS TO THE JURY AT BEGINNING OF TRIAL
Ladies and gentlemen of the jury, I have decided to allow you to take a more active role in your mission as finders of fact. I will permit you to submit written questions to witnesses under the following arrangements.
After each witness has been examined by counsel, you will be allowed to formulate any questions you may have of the witness. Please remember that you are under no obligation to ask questions, and questions are to be directed only to the witness. The purpose of these questions is to clarify the evidence, not to explore your own legal theories or curiosities.
If you do have any questions, please write them down on a pad of paper. Do not put your name on the question, and do not discuss your questions with fellow jurors. The bailiff will collect the questions, and I will then consider whether they are permitted under our rules of evidence and are relevant to the subject matter of the witness' testimony. If I determine that the question or questions may be properly asked of the witness pursuant to the law, I will ask the question of the witness myself.
It is extremely important that you understand that the rejection of a question because it is not within the rules of evidence, or because it is not relevant to the witness' testimony, is no reflection upon you. Also, if a particular question cannot be asked, you must not speculate about what the answer might have been.
B. INSTRUCTIONS TO THE JURY WHEN DECISION WHETHER TO ASK QUESTIONS IS MADE
Ladies and gentlemen of the jury, I remind you of my earlier remarks regarding juror questions. Some questions cannot be asked in a court of law because of certain legal principles. For this reason there is the possibility that a question you have submitted has been deemed inappropriate by me and will not be asked. I alone have made this determination, and you should not be offended, or in any way prejudiced by my determination.
C. IN ITS DISCRETION, THE COURT MAY ADD ADDITIONAL INSTRUCTIONS.

New Jersey

R. 1:8-8 New Jersey Rules of Court: Jury

(c) Juror Questions. Prior to the commencement of the voir dire of prospective jurors in a civil action, the court shall determine whether to allow jurors to propose questions to be asked of the witnesses. The court shall make its determination after the parties have been given an opportunity to address the issue, but they need not consent. If the court determines to permit jurors to submit proposed questions, it shall explain to the jury in its opening remarks that subject to the rules of evidence and the court's discretion, questions by the jurors will be allowed for the purpose of clarifying the testimony of a witness. The jurors' questions shall be submitted to the court in writing at the conclusion of the testimony of each witness and before the witness is excused. The court, with counsel, shall review the questions out of the presence of the jury. Counsel shall state on the record any objections they may have, and the court shall rule on the permissibility of each question. The witness shall then be recalled, and the court shall ask the witness those questions ruled permissible. Counsel shall, on request, be permitted to reopen direct and cross-examination to respond to the jurors' questions and the witness's answers.

New Mexico

Juror questions to witnesses are within the discretion of the trial judge.  So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: State v. Rodriquez, 762 P.2d 898 (N.M. App. 1988). 

New York

Juror questioning is within the discretion of the trial judge. So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: People v. Bacic, 608 N.Y.S.2d 452 (N.Y. App. 1994).

North Carolina

Juror questioning is within the discretion of the trial judge. Court provides guidelines for the trial judge to follow:

[The] better practice is for the juror to submit written questions to the trial judge who should have a bench conference with the attorneys, hearing any objections they might have. The judge, after ruling on any objections out of the presence of the jury, should then ask the questions of the witness. Questions should ordinarily before clarification and the trial judge should exercise due care to see that juror questions are so limited.

So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: State v. Howard, 360 S.E.2d 790 (N.C. 1987). In a more recent case, State v. Jones, 581 S.E.2d 107 (N.C. App. 2003), the court held a juror’s direct questioning of a witness did not constitute error, notwithstanding that the North Carolina Supreme Court had set out guidelines which were not followed in this case.

North Dakota

North Dakota Rules of Court: Rule 6.8 Questioning by jury

In a civil case, the trial court may allow a juror to submit a question to be asked of a witness. The question must be in writing and delivered to the judge through appropriate court personnel. Upon receipt of a question, the court shall review with counsel on the record but outside the hearing of the jury, the propriety of submitting the question to the witness. If the court deems it appropriate, the court shall then ask the question. The parties shall have an opportunity to examine matters touched upon by any juror question submitted to a witness, subject to the North Dakota Rules of Evidence. If the question is not asked, the court shall tell the jury the law prevented the question from being asked.

Ohio

Juror questioning is within the discretion of the trial judge. Court sets out the following guidelines to “minimize prejudice” against the parties:

trial court that permit juror questioning should (1) require jurors to submit their questions to the court in writing, (2) ensure that jurors do not display or discuss a question with other jurors until the court reads the question to the witness, (3) provide counsel an opportunity to object to each question at sidebar or outside the presence of the jury, (4) instruct jurors that they should not draw inferences from the court’s refusal to allow certain questions, and (5) allow counsel to ask follow up questions of the witness.

So held in a criminal case, but there is no reason to think the rule is otherwise in civil cases: State v. Fisher, 789 N.E.2d 222 (Ohio 2003).

Oregon

Oregon Rules of Civil Procedure 58 Trial Procedure

B(9) With the court's consent, jurors shall be permitted to submit to the court written questions directed to witnesses or to the court. The court shall afford the parties an opportunity to object to such questions outside the presence of the jury.

Pennsylvania

Juror questioning is within the discretion of the trial judge.  So held in a civil case, but there is no reason to think the rule is otherwise in criminal cases: Boggs v. Jewell Tea Co., 109 A. 666 (Pa. 1920). 

South Carolina

While juror questioning is discouraged, the court held it is within the discretion of the trial judge. The court sets out a procedure for jurors submitting questions to witnesses, and states if the guidelines are not followed then an abuse of discretion occurs. The procedure is as follows:

When a juror wishes to ask a question of the witness, the trial judge shall immediately send the jury to the jury room with instruction not to begin deliberations. The question shall be written on a piece of paper and given to the jury foreman who shall in turn deliver the question to the bailiff. The bailiff shall deliver the question to the trial judge. The trial judge shall then read the question on the record, outside the presence of the jury. The trial judge will then entertain any objections to the question from either counsel. The trial judge shall, consistent with our general law, make a ruling on whether the question from the jury is relevant and competent. Of course, if the question is improper, the trial judge will not allow the question. If however, the question is proper, the trial judge must independently review the question and made a determination of whether the question may lead the jury out of their normal role of passive finders of fact and into the role of advocate. Ultimately, it is the trial judge who possesses the power and the responsibility to maintain the adversarial system during trial.

So held in a civil case, but there is no reason to think the rule is otherwise in criminal cases: Day v. Kilgore, 444 S.E.2d 515 (S.C. 1994).

Tennessee

Rules Civ.Proc., Rule 43A.03 Juror Questions of Witnesses

In the court's discretion, a juror desiring to propound a question to a witness may be permitted to do so. The juror must put the question in written form and submit it to the judge through a court officer at the end of a witness' testimony. The judge shall review all such questions and, outside the hearing of the jury, shall consult the parties about whether the question should be propounded. The judge, in his or her discretion, may ask the juror's question in whole or part and may change the wording of the juror's question before propounding it to the witness. The judge may permit counsel to ask the question in its original or amended form in whole or part, in the judge's discretion. When juror questions are permitted, early in the trial jurors shall be instructed about the mechanics of asking a question. In addition, the jurors shall be instructed to give no meaning to the fact that the judge chose not to ask a question or altered the wording of a question submitted by a juror. A juror's question shall be anonymous, so that the juror's name is not included in the question. All jurors' questions, whether approved or disapproved by the court, shall be retained for the record.

Tenn. R. Crim. P., Rule 24.1

(c) Juror Questions of Witnesses. In the court's discretion, a juror desiring to propound a question to a witness may be permitted to do so. The juror must put the question in written form and submit it to the judge through a court officer at the end of a witness' testimony. The judge shall review all such questions and, outside the hearing of the jury, shall consult the parties about whether the question should be propounded. The judge, in his or her discretion, may ask the juror's question in whole or part and may change the wording of the juror's question before propounding it to the witness. The judge may permit counsel to ask the question in its original or amended form in whole or part, in the judge's discretion. When juror questions are permitted, early in the trial jurors shall be instructed about the mechanics of asking a question. In addition, the jurors shall be instructed to give no meaning to the fact that the judge chose not to ask a question or altered the wording of a question submitted by a juror. A juror's question shall be anonymous, so that the juror's name is not included in the question. All jurors' questions, whether approved or disapproved by the court, shall be retained for the record.

Texas

Juror questions to witnesses are prohibited in criminal cases, Morrison v. State, 845 S.W.2d 882 (Tex. Crim. App. 1992), but “does not constitute fundamental error” with appropriate procedural safeguards in place in civil cases, Hudson v. Markum, 948 S.W.2d 1 (Tex. App. 1997). 

Utah

Utah Rules of Civil Procedure, Rule 47 Jurors

(j) Questions by jurors. A judge may invite jurors to submit written questions to a witness as provided in this section.
(j)(1) If the judge permits jurors to submit questions, the judge shall control the process to ensure the jury maintains its role as the impartial finder of fact and does not become an investigative body. The judge may disallow any question from a juror and may discontinue questions from jurors at any time.
(j)(2) If the judge permits jurors to submit questions, the judge should advise the jurors that they may write the question as it occurs to them and submit the question to the bailiff for transmittal to the judge. The judge should advise the jurors that some questions might not be allowed.
(j)(3) The judge shall review the question with counsel and unrepresented parties and rule upon any objection to the question. The judge may disallow a question even though no objection is made. The judge shall preserve the written question in the court file. If the question is allowed, the judge shall ask the question or permit counsel or an unrepresented party to ask it. The question may be rephrased into proper form. The judge shall allow counsel and unrepresented parties to examine the witness after the juror's question.

Utah Rules of Criminal Procedure, Rule 17 The Trial

(i) Questions by jurors. A judge may invite jurors to submit written questions to a witness as provided in this section.
(i)(1) If the judge permits jurors to submit questions, the judge shall control the process to ensure the jury maintains its role as the impartial finder of fact and does not become an investigative body. The judge may disallow any question from a juror and may discontinue questions from jurors at any time.
(i)(2) If the judge permits jurors to submit questions, the judge should advise the jurors that they may write the question as it occurs to them and submit the question to the bailiff for transmittal to the judge. The judge should advise the jurors that some questions might not be allowed.
(i)(3) The judge shall review the question with counsel and unrepresented parties and rule upon any objection to the question. The judge may disallow a question even though no objection is made. The judge shall preserve the written question in the court file. If the question is allowed, the judge shall ask the question or permit counsel or an unrepresented party to ask it. The question may be rephrased into proper form. The judge shall allow counsel and unrepresented parties to examine the witness after the juror's question.

Vermont

Court held that juror questioning of witness is permissible provided that the following procedure is followed:

(1) the jurors must submit the proposed questions to the judge and be made part of the record; (2) the judge must disclose the proposed questions to the parties and give them the opportunity to object or request the question be narrowed or rephrased; and (3) the judge must rule on each proposed question on the record, allowing, rejecting or modifying the question. The procedures should be explained to the parties and jurors at the commencement of the trial.

So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: State v. Doleszny, 844 A.2d 773 (Vt. 2004).

Virginia

Juror questioning is within the discretion of the trial judge, and the trial judge should adopt “procedural safeguards to avoid prejudice to the parties.”  So held in a criminal case, but there is no reason to believe the rule is otherwise in civil cases: Williams v. Commonwealth, 484 S.E.2d 153 (Va. App. 1997).

Washington

Superior Court Civil Rule 43 Taking of Testimony

(k) Juror Questions for Witnesses. The court shall permit jurors to submit to the court written questions directed to witnesses. Counsel shall be given an opportunity to object to such questions in a manner that does not inform the jury that an objection was made. The court shall establish procedures for submitting, objecting to, and answering questions from jurors to witnesses. The court may rephrase or reword questions from jurors to witnesses. The court may refuse on its own motion to allow a particular question from a juror to a witness.

(Rule 43(k) of the Civil Rules for Courts of Limited Jurisdiction is identical)

Wyoming

Wyoming Rules of Civil Procedure, Rule 39.4 Trials

At the beginning of civil trials, the court shall instruct jurors that they will be permitted to submit written questions for witnesses if they have questions about the witnesses' testimony that have not been answered after counsel for all parties have finished examining the witnesses. The court shall also instruct the jurors that some questions they submit may not be asked, as some jurors' questions may be legally improper or otherwise inappropriate. The court shall provide jurors with paper and a pen or pencil with which they may write down questions for submission to the court.
Before each witness is excused, the court shall determine whether any jurors have questions for that witness. The court shall review jurors' written questions with counsel, out of the hearing of the jury, making the question part of the record. The court shall permit counsel to interpose objections, including objections based on litigation strategy or stipulation of the parties. The court shall rule on any objections, noting the basis of the ruling on the record. If the court determines that the question is not improper or unfairly prejudicial, the court shall read the question to the witness or permit counsel to read the question to the witness. The question may be modified as deemed appropriate by the court in consultation with counsel. After the witness responds to the question, the court shall permit counsel for both sides to ask follow-up questions if such follow-up questions appear to be necessary or appropriate. The court shall permit counsel to present additional rebuttal evidence at trial if necessary to prevent unfair prejudice attributable to testimony that results from questions that jurors submit.