Chapter 4 - 4.4 Objections To Voir Dire

• Jurisdiction: Virginia

4.4 OBJECTIONS TO VOIR DIRE

4.401 Making Objections. It is not unusual for counsel to try to expand the scope of voir dire. Appropriate objections that may be made during the course of voir dire are as follows:

Objection: Counsel is arguing the case.

Reply: The facts as stated are simply foundational facts necessary to properly question the jury.

Discussion: This objection applies when counsel is clearly presenting the facts of the case in a conclusory fashion.

Objection: Counsel is seeking to obtain commitment or information from the juror that is improper.

Reply: The question is intended to obtain information about the juror to properly exercise peremptory challenges.

Discussion: It is typically improper to attempt to obtain a promise from a juror to rule in a certain way or to request a juror's reaction to specific bits of evidence that might be presented.

Objection: The question inquires into matters of law.

Reply: The question is necessary to allow counsel to properly exercise challenges.

Discussion: The jury is the finder of fact, but the court determines the law.¹³ However, the jury may have to understand something about the law of the case to be able to answer the voir dire questions.

Objection: The question asks the jury to prejudge the evidence.¹⁴

Reply: The question is being asked to ascertain whether the juror has formed an opinion about the case or would be negatively disposed toward a party because of bias or opinions regarding certain facts.

Objection: Asked and answered.

Reply: The question is not designed to repeat but to expand the area of inquiry.

Discussion: This...