What is Voire Dire?

Battle lines have been drawn.  You have tried reasoned negotiation.  You have made gestures of good faith and good will.  All options which were on the table, and even those that were not, were exercised and then excised.  There is only one option left.  It is not going to be easy, or fun, or cheap.  It’s trial.  Make no mistake.  This will be a battle.  In order to win any battle, you must come prepared.  So let’s prepare.

Whether you are a lawyer who is going to trial to represent a client for the first time, or whether you are a claimant who wants a better understanding of the process that will have a very real effect on your life.  The legalese of these procedures can make an already complex system seem even more complicated than it is.  One of the biggest questions that comes up for clients before they head to trial is what exactly is “voire dire?”

Basically, a jury must be selected for your trial.  Lawyers or a judge will first engage in a process called voire dire, with regard to the witnesses.  Voire dire is a fancy way of saying that potential jurors will be questioned about their suitability to take part in trial.  If there are any particular biases or substantial reasons for why a juror should not be a part of the jury for your particular case, they will be excused.  The purpose of this process is to find fair and impartial jurors.  If you are dealing with a personal injury case, (which if you live in Los Angeles and have dealt with its ridiculous traffic and drivers, is something you have a higher probability of encountering than others), then during the voire dire process the lawyers or judge will want to make sure that anyone on the potential jury panel has no connection to you or the other party in the trial.  Also, if anyone has been affected by a personal injury case in their own lives which could bias them one way or another without any connection to the facts, then they will likely be excused from serving on a jury.

That’s the basic gist of it.  The particular scope and procedure for voire dire is particular to the state in which you are bringing your case.  While voire dire is a pre-trial aspect of the process, it’s often an undervalued one.  After all, the jury which is selected will ultimately determine the outcome of your case!  That’s why it’s important to have a lawyer representing you who understands the importance of having a fair, impartial, and properly chosen jury.  It’s something that far too many lawyers overlook.  If you are involved in a personal injury claim, such as for an auto accident for example, make sure you have a good auto accident lawyer or general personal injury lawyer that has the relevant trial experience, and who can ask the right questions of a panel of potential jurors.  It could make or break your case!

 

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