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Colorado Judicial Branch
Mary J. Mullarkey, Chief Justice
Gerald Marroney, State Court Administrator
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Feb.24, 2003
FOR IMMEDIATE RELEASEContact: Karen Salaz
303/837-3633
1-800-888-0001 Ext. 633
Colorado Supreme Court adopts rules changes
Jurors allowed to submit questions in civil and criminal trials
The Colorado Supreme Court has announced its adoption of two rules changes for jury trials in criminal and civil proceedings. The rules, adopted by the Court on Feb. 19, 2003, address the ability of jurors to submit written questions in both criminal and civil trials. The jurors may submit the written question to the judge, who then reviews the question, and asks the question of the witness, if appropriate. The changes were the subject of a public hearing held Feb. 12, 2003, in Denver.
The Court unanimously approved a change to the Colorado Rules of Civil Procedure that allows juror questioning during civil proceedings. Jurors will 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 will then have the discretion to prohibit or limit questioning in a particular trial for good cause.
The Court, in a 5-2 split decision, also adopted a rule allowing jurors to ask questions during criminal trial proceedings. Once again, the rule gives the trial court 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. The Rule of Criminal Procedure will become effective July 1, 2004. The delay will allow the Supreme Court Committee on Jury Issues to develop and implement a training program for judges. As to the criminal rule, Justices Mullarkey, Kourlis, Hobbs, Bender and Coats votes in favor of the rule, while Justices Martinez and Rice would decline to approve the change.
In September 2002, Chief Justice Mary Mullarkey authorized a statewide pilot study to evaluate the effects of allowing jurors to submit questions during criminal trials. The results of that study are outlined in the report issued by the Supreme Court Committee on Jury Issues in Fall 2002. The full report, along with a dissenting report, is available at .
The full text of the changes to Colorado Rules of Criminal Procedure Chapter 29, Rule 24 Jury Trials, and Colorado Rules of Civil Procedure Chapter 5 Trials, Rule 47 Jurors, are available at
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