What questions are asked to jurors during general voir dire?
General Voir Dire Questions
During general voir dire, counsel and the court typically ask questions designed to determine whether prospective jurors are qualified, impartial, and capable of following the law and evidence.[1]
| Topic | Typical questions |
|---|---|
| Basic qualifications | Are you at least 18? Are you a United States and Texas resident? Are you qualified to vote in this county? Can you read and write? |
| Disqualifying circumstances | Have you been convicted of, or are you under indictment or other legal accusation for, felony or misdemeanor theft? Have you recently served the required amount of jury service? |
| Relationship to the case | Do you know the judge, attorneys, defendant, parties, witnesses, or anyone involved in the case? Are you related to any party within the statutory degree? |
| Personal interest | Do you have any financial, personal, or other interest in the outcome? Are you a witness or otherwise connected to the facts? |
| Bias or prejudice | Do you have any bias or prejudice for or against either party, law enforcement, a particular profession, or a type of claim or offense? |
| Prior knowledge | Have you heard about this case from the news, social media, or other sources? Have you formed an opinion about it? |
| Prior experiences | Have you, a family member, or close friend been involved in a similar lawsuit, criminal investigation, arrest, prosecution, or court proceeding? |
| Ability to follow the law | Can you decide the case solely on the evidence admitted in court and the court’s instructions? Can you presume the defendant innocent and require the State to prove guilt beyond a reasonable doubt, if applicable? |
| Ability to serve | Can you remain fair and impartial? Can you listen to all witnesses and deliberate with the other jurors? Do you have any hardship or condition preventing attentive service? |
| Case-specific issues | Is there any belief, experience, or circumstance that would prevent you from following a particular legal rule or considering the full range of punishment? |
Texas law identifies several grounds for disqualification, including being a witness, having a direct or indirect interest, being related to a party within the third degree, having bias or prejudice, or having served on a prior jury involving the same facts.[4] Criminal challenges for cause also include disqualification based on certain convictions or pending accusations, inability to read or write, and a conclusion about the defendant’s guilt or innocence that would influence the verdict.[3]
“Voir dire” permits the judge and attorneys to determine whether prospective jurors are qualified and able to perform their civic duty fairly and impartially.[1]
Counsel may ask follow-up questions when a juror expresses possible bias. The court considers the juror’s entire examination, including whether the juror can set aside prior opinions and decide the case according to the law and evidence. Cortez ex rel. Estate of Puentes v. HCCI-San Antonio, Inc., 159 S.W.3d 87, 92–94 (Tex. 2005)[2]