Try to imagine defense counsel's dilemma as a plaintiff's expert, answering jurors' questions, takes over the trial. The witness proceeds to expound, lecture and even stride the courtroom floor -- sometimes even straying from his area of expertise. Does the defense keep silent? Or object and thereby risk alienating the jurors? It's a quandary posed by the practice -- as seen in the latest New Jersey Vioxx trial -- of allowing juror questions, and there seem to be few guidelines to resolve it.
April 04, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Try to imagine defense counsel’s dilemma as a plaintiff’s expert, answering jurors’ questions, takes over the trial.
The witness, free of the constraints of direct examination, proceeds to expound, lecture and even stride the courtroom floor — sometimes straying from his area of expertise. It’s music to the jurors’ ears, because he’s answering their questions and speaking their language.
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