What Is Voire Dire In Texas?

Last Updated on July 17, 2025 by Beltz Law Group

Voir Dire in Texas: Speaking the Truth to Select a Fair Jury

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In the American justice system, the right to a fair trial by an impartial jury is a cornerstone. In Texas, a critical phase of any jury trial is “voir dire,” a French term literally meaning “to speak the truth.” This process is where attorneys and the judge question potential jurors to ensure a fair and unbiased panel is selected to hear a case.

The Purpose of Voir Dire

The core objective of voir dire is to identify and select jurors who can be impartial and fair, ensuring that the verdict is based solely on the evidence presented in court and the applicable law, not on pre-existing biases or prejudices. This phase is exclusive to jury trials, as it is not necessary when a judge presides over a case without a jury.

The Voir Dire Process in a Texas Trial

The voir dire process in Texas typically unfolds as follows:

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Jury Summons and Panel Formation:
- Members of the community are called for jury duty, usually by mail.
- Upon appearance at the courthouse, they are randomly assigned to a jury panel (also known as the “venire” or “jury pool”) and seated in the courtroom.
- In some courts, potential jurors may be asked to complete a brief questionnaire beforehand. This questionnaire helps attorneys understand basic demographics, experiences, and potential biases before the oral questioning begins.
Judge’s Instructions and Basic Qualifications:
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  The judge will begin by explaining the nature of the case and outlining the basic legal requirements for jury service. In Texas, to be eligible for jury service, a person must:
  - Be a citizen of Texas and the county in which they are to serve.
  - Be at least 18 years of age.
  - Be of sound mind and good moral character.
  - Be able to read and write.
  - Not have been convicted of a felony or theft (unless civil rights have been restored).
  - Not be under indictment or other legal accusation for a felony or any type of theft.
  - Not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court.
  - Not be a witness in the case, or directly interested in the case.
Questioning by Attorneys:
- Once the basic qualifications are addressed, both the prosecution (in criminal cases) or plaintiff’s attorney (in civil cases) and the defense attorney will have the opportunity to question the remaining members of the jury panel.
- The purpose of these questions is to uncover any biases, prejudices, or strong opinions that might prevent a potential juror from being fair and impartial. Attorneys will ask about personal experiences, beliefs, attitudes, and exposure to similar situations or legal issues. For instance, in a car accident case, they might ask about prior accident experiences or views on specific types of injuries. In a criminal case, they might explore views on law enforcement, specific crimes, or the justice system itself.
- It’s a delicate balance: attorneys want to learn as much as possible about the potential jurors while also beginning to build rapport.
Challenges to Potential Jurors:
- After questioning, attorneys use “challenges” to remove potential jurors from the panel:
  - Challenges for Cause: These are unlimited in number and are used when a potential juror demonstrates a clear bias, prejudice, or inability to be fair and impartial. Examples include admitting a strong financial interest in the case, having a close relationship with one of the parties or attorneys, or expressing an inability to follow a specific legal principle. The judge must agree that a juror should be removed for cause.
  - Peremptory Challenges: Each side receives a limited number of these challenges, which can be used to remove a potential juror for almost any reason, without having to state a specific cause. The number of peremptory challenges varies depending on the type of case and the court. For example, in Texas civil district courts, each side typically gets six peremptory challenges for a jury of 12, and three for a jury of six. In criminal cases, the number can be higher depending on the severity of the charge. However, it is strictly illegal to use a peremptory challenge to remove a juror based on their race, ethnicity, religion, or sex (as established by the U.S. Supreme Court in Batson v. Kentucky and subsequent cases). If one side suspects the other is using peremptory challenges in a discriminatory way, they can raise a “Batson challenge.”
Jury Selection:
- After challenges are exercised, the remaining jurors who have not been struck are selected to serve on the jury. In Texas, most district court civil and felony criminal trials use a 12-person jury, while county courts often use a 6-person jury.

Why Voir Dire is Crucial

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Many trial attorneys consider voir dire to be the most critical phase of a trial. A jury that is truly open-minded and free from undue bias is essential for justice. If a jury member cannot approach the evidence and legal instructions with an impartial perspective, the integrity of the entire trial process is compromised, and the chances of a fair outcome are significantly diminished before testimony even begins.

The “speaking the truth” aspect of voir dire is paramount. Attorneys strive to create an environment where potential jurors feel comfortable being honest about their feelings, experiences, and beliefs, even if those revelations indicate a bias. This honest dialogue allows both sides to identify individuals who genuinely cannot be fair, thus contributing to the selection of a jury panel capable of delivering an impartial verdict. It is a strategic art that requires keen observation, effective questioning, and an understanding of human psychology to build a foundation for a just trial.