Voir dire

What is voir dire?

Voir dire is the jury selection process, where prospective jurors are questioned by the attorneys and often the judge before being seated to hear a case.

The name comes from an old legal phrase meaning to speak the truth, referring to the jurors' obligation to answer questions honestly during this process.

Its purpose is to identify jurors who can decide the case fairly and without disqualifying bias, rather than to select jurors predisposed toward either side's position.

The process can take anywhere from a few hours to considerably longer depending on the case's complexity and the specific issues involved.

What kinds of questions are typically asked?

Questions generally explore a prospective juror's background and any potential sources of bias relevant to the specific case.

• General background including occupation, family and community involvement
• Any personal experience with similar accidents or injuries
• Relationships with insurance companies, healthcare providers or attorneys
• Attitudes toward lawsuits and personal injury claims generally
• Ability to set aside personal opinions and follow the judge's instructions

How can jurors be excused from serving?

Through a challenge for cause, where a specific reason such as demonstrated bias or a disqualifying relationship is shown to the judge's satisfaction.

Alternatively, through a peremptory challenge, which allows removing a juror without stating a specific reason, subject to certain important legal limitations, including a prohibition against removal based on race or gender.

Both attorneys have a limited number of peremptory challenges available, making the strategic choice of which jurors to challenge a genuinely important part of case preparation.

Why does this process matter so much to the outcome?

Because the composition of the jury can significantly influence how evidence is perceived and ultimately how a case is decided, even when the underlying facts remain constant.

Attorneys use this process not only to identify problematic bias but also to begin educating jurors about the case and building rapport that may influence how they receive evidence later at trial.

This is a specialized skill that experienced trial attorneys develop considerably over time, since effective jury selection requires understanding both the specific case and general human psychology.

Common questions

Can I be removed from a jury just because I have an opinion?

Simply having views is not automatically disqualifying. What matters is whether you can set aside personal opinions and decide the case fairly based on the evidence presented.

How many jurors are typically needed for a civil trial?

This depends on the specific court and jurisdiction's applicable rules, which specify the required panel size for a civil case.

Can attorneys reject jurors for any reason at all?

Peremptory challenges allow removal without stating a specific reason, but important legal limitations exist, including a clear prohibition against removal based on race or gender.