Legal Dictionary

Voir dire

A voir dire is a mini-hearing held during trial to determine the admissibility of certain evidence or the qualifications of a witness—most often an expert. While commonly associated with jury selection, voir dires can occur throughout the trial process. For example, if one party challenges an expert’s credentials, the court may allow a voir dire outside the presence of the jury to assess whether the expert can testify. These hearings can also be used to decide whether a piece of evidence meets the necessary legal foundation for admission.

Frequently Asked Questions

What is the purpose of voir dire?

The purpose of a voir dire is to allow the judge to evaluate specific legal issues—such as whether a witness is qualified to testify or whether certain evidence is admissible—before that information is presented to the jury. It ensures that only appropriate and legally sound material is considered during trial.

How does voir dire work in practice?

In practice, a voir dire typically takes place outside the presence of the jury—either in open court or in a sidebar or hearing—so the judge can hear arguments, question witnesses, or assess evidence without risking undue influence on the jury. For example, if one side challenges an expert witness’s qualifications, the court may pause the trial to allow a brief voir dire examination. Each side can question the witness and make arguments before the judge rules on whether the testimony will be allowed. This process helps maintain the fairness and integrity of the trial by filtering out improper or unreliable evidence before it reaches the jury.
The 2023 Legal Trends Report

The 2023 Legal Trends Report

Dive into this data-driven analysis and gain valuable insights on legal cloud technologies, evolving client expectations, state-by-state billing rate breakdowns, and more.

Read the Report