LET THE QUESTIONING BEGIN: NEW SUPREME COURT RULE 243

LET THE QUESTIONING BEGIN:NEWSUPREME COURT RULE 243 September 21, 2012

SUPREME COURT RULE 243 • After questioning by counsel, the Court determines whether questions are appropriate; • Questions shall be submitted in writing; • No discussion among jurors is allowed; • Deputy presents juror questions to the judge • Questions are marked as exhibits & made a part of the record

INSTRUCTIONS TO JURY – IPI 1.01 • “…only ask a question if you think it is important to your ability to decide the issues in this case fairly.” • The purpose “should be to clarify testimony that you have not understood or that has failed to address a factual question that you believe is important.” • Ask questions. Do not make comments, express opinions or argue with a witness. • “The rules of evidence might not permit me to ask your question.” • No names & no discussion with other jurors

OBJECTIONSOutside the jury’s presence, the Court shall: • Read the questions to counsel • Allow counsel to see the questions • Entertain objections from counsel • Rule -- allow, modify or exclude the questions

EARLY EXPERIENCES Justice Warren D. Wolfson Bruce R. Pfaff Conrad C. Nowak

IGNORE JURORS AT YOUR OWN RISK! “YOUR HONOR, I AM TIRED…” (SECTION C)

SAMPLE QUESTIONS

SAMPLE QUESTIONS(Product Liability Case) “Why would some hypothesis not be tested in the real world? Aren’t hypothesis meant to be tested?” “In your deposition you said you did not read anything about spring failure in exercise equipment. Today you stated that you did read something. Please explain.”

SAMPLE QUESTIONS (Medical Malpractice Case #1) “Doctor, as a consultant retained by an attorney for a medico-legal review, are you made aware which side you would be representing prior to the review?”

SAMPLE QUESTIONS(Medical Malpractice Case #2) “If Dr. Kelsey didn’t agree w/the interpretation of the fetal strip, would he refuse to testify?”

SAMPLE QUESTIONS (Medical Malpractice Case #1) “How can a surgeon visualize behind the pubic remis with a patient lying on his back during surgery? This seems impossible. Finger dissection in the Kugel article diagram makes it seem impossible to fully see the complete patch placement and dissection field. Is this a reasonable thought?”

SAMPLE QUESTION(Medical Malpractice Case #1) “Is it possible that some complications post op can present itself past the ‘normal’ post op recovery time? (i.e., after patient leaves recovery)

SAMPLE QUESTIONS(Medical Malpractice Case #1) “Could aberrant anatomy play a role in a patient responding differently to trauma in his system? (i.e., hematoma abutting on bottom left of bladder causing damage to the entire bladder even though that is not a normal outcome)?”

SAMPLE QUESTIONS (Medical Malpractice Case #2) • “In Amanda’s case there is evidence of a stressful birth with Amanda born with zero APGAR. There is also evidence of cognitive disability later in life. Is your opinion (to a reasonable degree of medical certainty) that there is nothing to connect the events of her birth to her cognitive disabilities?” • “How often does cord become compressed as severely as Amanda’s did?”

SAMPLE QUESTIONS(Medical Malpractice Case #2) “Have you ever lost a child during the labor and delivery process?” “Did the Board of medical examiners that certified you inquire about Amanda’s delivery?”

SAMPLE QUESTIONS(Medical Malpractice Case #2) “Why were nurses notes @ top of strips never shown prior to today?”

SAMPLE QUESTIONS(Medical Malpractice Case #2) “Dr. Yarkony, can the cognitive deficits you pointed out be caused by anything beyond the ‘HIE’ experienced when Amada was delivered?”

SAMPLE QUESTIONS (Posed to Professor Linke) • “Does the estimate of lost earnings assume Amanda is at full loss of earnings, meaning she is making zero dollars? If not what are you assuming she makes?” • “As to the earnings assumptions, are the figures pre or post tax figures? • “Are trial judgment earnings taxable by the government and if so is it comparable to income tax rates?”

SAMPLE QUESTIONS (Premises Liability Case) • “Have you ever seen similar conditions of sidewalk anywhere else on your route?” • “Was any of the broken sidewalk fixed at the time of a year later?”

SAMPLE QUESTIONS (Medical Malpractice Case #3) “How or Who paid the medical bills?”

OBJECTIONS RAISED • Form • Foundation • Relevance • Rule 213 • Scope • Rulings in Limine

QUESTIONS = FEEDBACK (Medical Malpractice Case)

LET THE QUESTIONING BEGIN: NEW SUPREME COURT RULE 243