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Evidence Act 2006

Trial process - Questioning of witnesses

101: Jury questions

You could also call this:

"Asking questions as a jury member: how it works"

Illustration for Evidence Act 2006

If you are on a jury and you want to ask a witness a question, you must first tell the Judge what the question is. The Judge then decides if the question should be asked and how it should be asked. The Judge also decides if the parties involved in the case can ask the witness more questions based on what the jury asked.

If the Judge says the jury's question can be asked, then the other parties in the case can ask the witness more questions about what the jury asked, but only if the Judge says it is okay. You can also ask the witness more questions if you are the party who called the witness to testify. The Judge's decision about what happens after the jury asks a question is very important.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393932.

Topics:
Crime and justice > Courts and legal help
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100: Questioning of witnesses by Judge, or

"The Judge can ask witnesses questions in court to help find out the truth."

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102: General provisions are subject to provisions for specific situations, or

"General rules can be overridden by special rules for specific situations."

Part 3Trial process
Questioning of witnesses

101Jury questions

  1. If a jury wishes to put a question to a witness in a proceeding,—

  2. the jury must first inform the Judge of the question; and
    1. the Judge must determine—
      1. whether and how the question should be put to the witness; and
        1. if the question is to be put to the witness, whether the parties may question the witness about matters raised by the question.

        2. If a question from the jury is put to a witness, then, subject to any determination made by the Judge under subsection (1)(b)(ii),—

        3. every party, other than the party who called the witness, may cross-examine the witness on any matter raised by the jury’s question; and
          1. the party who called the witness may re-examine the witness.