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Rule 39.2.Juror questionnaires

Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 39.2 authorizes courts to use case-specific written questionnaires for prospective jurors and lays out how counsel, the court, and costs fit into that process.

Full Text of Rule 39.2

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In appropriate cases, the court may use case-specific juror questionnaires to gather information from prospective jurors in advance of jury selection. When case-specific questionnaires will be used, the court should require counsel to confer and attempt to reach agreement on the questions that will be included in the questionnaires. The court shall rule on inclusion or exclusion of any questions the court deems improper. The court shall note on the record the basis on which it overruled any objections to inclusion or exclusion of particular questions. The court shall confer with counsel concerning the timing and procedures to be used for disseminating questionnaires and collecting completed questionnaires from prospective jurors, as well as to permit counsel adequate time and opportunity to review the completed questionnaires thoroughly before jury selection will begin. In its discretion, the court may require that the costs of copying, disseminating and collecting the questionnaires be borne (1) by both parties, (2) by the party requesting use of the questionnaires, or (3) by the court. In the alternative, these expenses may be assessed against the losing party as part of the costs.

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

In cases where it helps, the court can send prospective jurors a questionnaire tailored to that case instead of, or alongside, oral questioning during jury selection. The rule expects counsel to confer first and try to agree on which questions belong in the questionnaire. When they cannot agree, the judge rules on what stays in or comes out, and must put the reasons for overruling any objection on the record.

The court also works out with counsel the mechanics — when questionnaires go out, how they come back, and how much time lawyers get to study the answers before jury selection begins. Rule 39.2 gives the court discretion over who pays for printing and handling the questionnaires: both sides, just the side that wanted them, or the court itself. As another option, the court can fold those costs into the bill the losing party ultimately pays.

Frequently Asked Questions

When can a Wyoming court use juror questionnaires?

Rule 39.2 leaves it to the court's judgment "in appropriate cases," so use is discretionary rather than automatic and typically depends on the complexity or sensitivity of the case.

Do the parties get input on what questions are asked?

Yes. The rule directs the court to have counsel confer and try to agree on the questions before the court settles any disputes over what to include or exclude.

What if the court excludes a question a lawyer wanted included?

The court must note on the record the basis for overruling any objection to including or excluding a particular question, so the ruling is preserved for review.

How much time do lawyers get to review completed questionnaires?

The court confers with counsel on timing to make sure lawyers have adequate time and opportunity to thoroughly review the completed questionnaires before jury selection starts.

Who pays for printing and distributing juror questionnaires?

The court can order both parties to split the cost, put it on the party who requested the questionnaires, absorb it as a court expense, or assess it later against the losing party as part of costs.

Source & verification. Rule text and amendment history are reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the Supreme Court of Wyoming. Last verified July 14, 2026. · Official source
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