Can Jurors Ask Questions in a DC Injury Case?

FREE Case evaluation

Serious injuries deserve experienced attorneys

Can Jurors Ask Questions in a DC Injury Case?Many people may wonder how a jury knows how to act or make decisions when it comes to a DC personal injury case. Although there a lot of factors involved in the decision making process, the simple answer is that there is a set of guidelines called the jury instruction. In every case that involves a jury, the judge will issue this set of rules to the jurors in order to guide them and instruct them so that they can make the most fair and knowledgeable decision about the case.

Let’s take a look at this jury instruction from a D.C. Civil Court regarding whether or not jurors can ask questions throughout the trial.

Questions by Jurors (D.C. Std. Civ. Jury Instr. No. 1-3)

Jurors may ask questions of witnesses under guidelines that I will now explain. Generally, the lawyers may ask the questions. Occasionally, however, a juror may think that the lawyers have not asked an important question. I am not encouraging you to ask questions – or discouraging you. The purpose of any question should be to get information will help you carry out your responsibility as impartial judges of the the facts.

Before each witness leaves the stand, I will give you a chance to write down any questions you would like the witness to answer. If you think an important question has not been asked, you may write that question on a piece of paper and give it to the clerk. Once a witness has the left the witness stand, I will not bring the witness back to answer a question the juror later may wish to ask. You may not discuss possible questions with any other fellow jurors.

I will consult with the lawyers about any question, and I will determine whether the question is legally proper– just as I would do if a lawyer asks the question. If the question is legally proper, I will ask the witness the question. If I do not ask the question, that means I have decided that the question is not legally proper. If I decide the question is proper, but relates to what the law is I will answer the question, either at that time or during the final instruction. [If I decide not to ask a question, the juror who requested it cannot speculate or guess as to what the answer might have been.]

What does it all mean in relation to DC, Maryland, and Virginia injury cases?

Let’s be honest. Sometimes — even though the jury instruction is supposed to make things easier — it can be confusing. For the majority of Americans who do not attend law school, legal guidelines can seem vague and complex.

First things first, when looking at the above jury instruction on questions by jurors, it is important to understand the whole picture. The judge of this court is essentially laying on when a juror can and cannot ask a question. Contrary to common belief that jurors can only observe, this judge attempts to clear the air by acknowledging that there is room for jurors to ask questions, although there are a couple guidelines to follow. This holds true in Washington DC, Maryland, Virginia, and the surrounding areas.

What exactly are the guidelines when asking a question as a juror?

A judge neither encourages or discourages questions, however, there are two main guidelines to think about before you ask a question. First, you must honestly believe that your question has not been answered yet. Second, you must believe that your question will help provide the information you need to make an informed decision on the case.

How do you ask the question?

If your question follows the two above guidelines, you are probably wondering how do you ask it. Typically, before a witness leaves the stand, the judge will give you time to write down your questions. It is in this time that you will be able to submit your questions to the court of the DC injury case. If your question pertains to a specific witness, make sure to do it when they are still on the stand, because as soon as they are dismissed, you can no longer ask them questions.

So, as a quick recap: make sure your question follows the above guidelines, write down your question in the allotted time given by the judge, and make sure you submit it before the witness is dismissed.

Who decides if your question will be asked?

The short answer is the judge. Although you may believe your question is necessary to the case, the judge may disagree. In fact, the judge — in consultation with the respective attorneys — will discuss whether or not your question is legally proper.

What does legally proper mean, anyway?

In any DC injury case, legally proper fundamentally means that it follows the guidelines of court etiquette. There are various rules (don’t worry, you don’t need to know all of them) that the judge and attorneys should be experts on. A legally proper question avoids leading statements and accusations.

Take, for example, a Greenbelt Maryland personal injury case where a driver hit a motorcyclist on the road, and caused the cyclist to break their leg.

A leading question, and therefore not legally proper, would be to ask the car driver “why did you drink alcohol before getting into your car causing the cyclist to get injured?” A question like this is accusatory, and assumes the driver was drunk which may not have been established (remember: everyone is innocent until proven guilty, even when you may feel it is obvious someone is at fault). A better, legally proper question you could ask could be, “where were you before you got into the car?” If it seems that the car driver was at a bar, it may give us context about the crash. However, it does not assume the driver was drinking; likely a skilled Alexandria, VA DUI lawyer will have already asked this.

Final things to remember

Ultimately, it is up to the judge’s discrepancy whether or not a question will be asked. If your question is not asked, you cannot assume or make conclusions about the answer. Trust that the judge chose not to ask it for a reason, and make your decision based solely on the facts you have.

Please do not rely on any above statements as legal advice. You should always seek the advice of a licensed lawyer in order to assist you.

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc

Featured on:

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

RECENT POSTS

Client Review

"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

Best Personal Injury Lawyer in DC

SuperLawyers2010
SuperLawyers2011
SuperLawyers2012
SuperLawyers2014

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

3 + 3 =

Read more: