Section 16-9.Questions of Law and Fact

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceRule 16-9 divides trial roles between judge and jury: the judicial authority resolves all questions of law and directs the jury accordingly, while the jury alone decides the facts, guided only by the judicial authority's observations on the evidence rather than instructions on how to find those facts.

Full Text of Section 16-9

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The judicial authority shall decide all issues of law and all questions of law arising in the trial of any issue of fact, and, in committing the cause to the jury, shall direct it to find accordingly, and shall submit all questions of fact to the jury, with such observations on the evidence, for the jury’s information, as it thinks proper, without any direction how the jury shall find the facts. After the cause has been committed to the jury, no pleas, arguments or evidence shall be received before the verdict is returned into court and recorded. (See General Statutes § 52-216 and annotations.)

End

Amendment History

(P.B. 1978-1997, Sec. 306.)

Plain-English Summary

Under this rule, the judicial authority decides all issues of law and all questions of law that arise during the trial of any issue of fact. When committing the case to the jury, the judicial authority directs the jury to find in accordance with those legal rulings. The judicial authority then submits all questions of fact to the jury, and may offer observations on the evidence for the jury’s information as it thinks proper — but without directing the jury on how it should find the facts. Once the cause has been committed to the jury, no pleas, arguments, or evidence may be received before the verdict is returned into court and recorded.

Frequently Asked Questions

Who decides questions of law versus questions of fact in a Connecticut civil trial?

The judicial authority decides all issues and questions of law, while the jury decides all questions of fact after the case is committed to it.

Can a judge tell the jury how to decide the facts?

No. The judicial authority may offer observations on the evidence for the jury’s information but cannot direct the jury on how it should find the facts.

Can new evidence or arguments be presented after the case goes to the jury?

No. Once the cause has been committed to the jury, no pleas, arguments, or evidence may be received before the verdict is returned into court and recorded.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 16-9). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

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