W.R.C.P. 39.4

At the beginning of civil trials, the court shall instruct jurors that they will

be permitted to submit written questions for witnesses if they have questions

about the witnesses’ testimony that have not been answered after counsel for

all parties have finished examining the witnesses. The court shall also instruct

the jurors that some questions they submit may not be asked, as some jurors’

questions may be legally improper or otherwise inappropriate. The court shall

provide jurors with paper and a pen or pencil with which they may write down

questions for submission to the court.

Before each witness is excused, the court shall determine whether any jurors

have questions for that witness. The court shall review jurors’ written

questions with counsel, out of the hearing of the jury, making the question part

of the record. The court shall permit counsel to interpose objections, including

objections based on litigation strategy or stipulation of the parties. The court

shall rule on any objections, noting the basis of the ruling on the record. If the

court determines that the question is not improper or unfairly prejudicial, the

court shall read the question to the witness or permit counsel to read the

question to the witness. The question may be modified as deemed appropriate

by the court in consultation with counsel. After the witness responds to the

question, the court shall permit counsel for both sides to ask follow-up

questions if such follow-up questions appear to be necessary or appropriate.

The court shall permit counsel to present additional rebuttal evidence at

trial if necessary to prevent unfair prejudice attributable to testimony that

results from questions that jurors submit.