Voir Dire
vwahr DEER
The questioning of prospective jurors (or witnesses) to determine their qualifications and impartiality.
Governing rule: Fed. R. Civ. P. 47; Fed. R. Crim. P. 24
Plain-English definition
Voir dire — French for 'to see, to speak' — is the process of questioning potential jurors to determine whether they should serve in the case. Lawyers and the judge can ask about biases, prior knowledge, employment, and life experiences. Either side may strike jurors for cause (clear bias) or use a limited number of peremptory strikes.
In a sentence During voir dire, plaintiff's counsel struck two jurors who said they did not believe in noneconomic damages.
How it works
Conducted before trial begins. The judge or counsel asks the jury panel a series of questions; based on the answers, jurors may be excused for cause (unlimited) or struck peremptorily (limited; cannot be used to discriminate based on race or sex per Batson v. Kentucky).
Why it matters
Trial outcomes are heavily shaped by who actually sits in the box. Voir dire is the only opportunity to remove jurors before testimony begins.
Notable cases
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Batson v. Kentucky (U.S. Sup. Ct., 1986)
Peremptory strikes cannot be used to discriminate based on race.