Voir Dire

Voir dire is the pretrial process in which prospective jurors are questioned by the attorneys and/or judge to determine whether they can serve fairly and impartially. Each side evaluates potential jurors for biases, life experiences, or preconceived opinions that might prevent them from weighing the evidence objectively. Jurors who cannot be fair may be removed through challenges for cause (with a stated reason) or peremptory challenges (no reason required, within legal limits).

Origin

From Old French, meaning roughly "to speak the truth." The phrase entered English common law after the Norman Conquest and was originally used to vet witnesses before testimony; over time it became the standard term for jury selection questioning in American and British courts.

Significance in Asbestos Context

Voir dire is one of the most consequential stages of an asbestos trial, even though it happens before any evidence is presented. Many prospective jurors carry misconceptions that directly affect asbestos cases, for example, that diseases appear soon after exposure (in reality, mesothelioma and asbestosis typically develop 20 to 50 years later), that asbestos lung cancer is really just smoking-related, or that companies would never have knowingly exposed workers. Your attorneys use voir dire to identify and remove jurors who hold these beliefs and cannot set them aside.

Voir dire also surfaces attitudes about lawsuits, corporate accountability, and damages. Because asbestos verdicts often include significant amounts for pain and suffering, lost income, medical costs, and sometimes punitive damages, your legal team needs jurors who will fairly evaluate those categories rather than reflexively minimize them. Defense attorneys, in turn, will look for jurors skeptical of injury claims, employed in related industries, or sympathetic to corporate defendants. In jurisdictions where the defendant is a major local employer (shipyards, refineries, mills, manufacturing plants), this dynamic is especially important and your knowledge of the community can help your team.

Example Sentence

During voir dire in the mesothelioma trial, the plaintiff's attorney asked each prospective juror whether they had any personal connection to the asbestos industry or any beliefs that might make it difficult to award damages to a worker exposed decades ago.

Related Terms

Jury Selection, Challenge for Cause, Peremptory Challenge, Trial, Plaintiff, Damages

Notes

• Ask your attorney how they plan to approach voir dire, what juror profiles they consider favorable, what biases they will screen for, and whether your jurisdiction allows attorney-led questioning or limits it to the judge (this significantly affects how thorough screening can be).
• Share any local knowledge you have about the trial community (major employers, union history, prior asbestos litigation, news coverage) because it can directly shape which jurors your team strikes.
• If your case has multiple defendants, expect voir dire to take longer; each defense attorney may get to question the panel, which can wear down jurors and shape who remains.
• Voir dire matters even if you settle: defendants assess your team's trial readiness, including jury selection skill, when deciding what to offer, so a strong voir dire strategy improves your negotiating position.