Supreme Court of Missouri
en banc
November 5, 2003
Effective July 1, 2004
In re:
(1) Repeal of subdivision 69.02, entitled “Handbook of Information for Jurors,” of Rule 69, entitled "Trial by Jury," and in lieu thereof adoption of a new subdivision 69.02, entitled, “Handbook of Information for Jurors."
(2) Adoption of a new subdivision 69.04, entitled "Juror Questions," of Rule 69, entitled “Trial by Jury.”
ORDER
1. It is ordered that effective July 1, 2004, subdivision 69.02 of Rule 69 be and the same is hereby repealed and a new subdivision 69.02 adopted in lieu thereof to read as follows:
RULE 69.02 HANDBOOK OF INFORMATION FOR JURORS
The Missouri Bar may distribute its handbook entitled "Trial Jurors Information" to those summoned as jurors.
- 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 impanelled.
(b) If the court permits jurors to submit questions:
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(1) The court shall instruct the jurors:
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(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;
(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.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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RONNIE L. WHITE
Chief Justice