Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 39.4 permits jurors in civil trials to submit written questions for witnesses, subject to the court's screening and counsel's objections before any question is asked.
Full Text of Rule 39.4
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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.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
At the start of trial, the judge tells jurors they may write out questions for a witness if something remains unclear after both sides finish their examination, and warns them that some questions will not be allowed because they are legally improper or otherwise inappropriate. The court supplies paper and something to write with for this purpose.
Before excusing each witness, the judge checks whether jurors have questions. Those questions become part of the record, and counsel review them with the judge outside the jury's hearing, where either side can object — including objections tied to trial strategy or a stipulation between the parties. The judge rules on any objection and states the basis on the record, may modify a question in consultation with counsel, and then reads it to the witness or lets counsel do so. After the witness answers, both sides may ask follow-up questions if needed.
Because a juror question can open a door neither side anticipated, Rule 39.4 also lets counsel present additional rebuttal evidence later in the trial if that is necessary to avoid unfair prejudice flowing from the answer a juror's question produced.
Frequently Asked Questions
Can jurors ask witnesses questions directly in a Wyoming civil trial?
Not directly. Jurors submit written questions to the judge, who reviews them with counsel and decides whether and how each question gets asked.
Can a lawyer object to a question a juror wrote?
Yes. Counsel may object to a juror's question, including on grounds related to trial strategy or a stipulation between the parties, and the judge rules on the objection before the question goes to the witness.
Does the judge have to ask the juror's question exactly as written?
No. The court may modify the question in consultation with counsel before it is put to the witness, as long as the substance the juror asked about is preserved.
What happens after a witness answers a juror's question?
Both sides get the chance to ask follow-up questions if that appears necessary or appropriate given the witness's answer.
Can a party respond later to something a juror's question revealed?
Yes. Rule 39.4 lets counsel present additional rebuttal evidence during the trial if needed to prevent unfair prejudice caused by testimony that came out because of a juror's question.
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
Also known as:juror questions for witnessescan jurors ask questions in trialwritten juror questions ruleobjecting to juror questions