voir dire

Definition of voir dire

Etymology

From Anglo-Norman, literally “to speak the truth”, from Old French voir (“true; truly”) (from Latin v�"rus (“true”)) + dire (“to say”) (from Latin dīcere (“to speak; to say”)).

Pronunciation

• (Francophonic) IPA: /vwɑː diʁ/
• (RP) IPA: /ˈvwɑː ˌdiːə/
• (US)1 IPA: /ˈvwɑɹ ˌdiəɹ/
• (US)2 IPA: /ˈv�"ɹ ˌdaɪɹ/

Noun

voir dire (plural voir dires)

1. (law) The preliminary phase of a jury trial in which the jurors are examined and selected.
2. (law) A preliminary hearing without a jury in order to determine whether the evidence meets the test for admissibility to go to a full hearing at a criminal trial, in the legal systems of England and Wales, New Zealand, Australia, and the United States.

Further reading

Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth (Latin verum dicere), i.e., to say what is true, what is objectively accurate or subjectively honest, or both.

The word voir (or voire), in this combination, comes from Old French and derives from Latin verum, "that which is true". It is not related to the modern French word voir, which derives from Latin vid�"re ("to see"), though the expression is now often interpreted by false etymology to mean "to see [them] say".

Use in Commonwealth countries

In the United Kingdom, Australia, New Zealand, and Canada (and sometimes in the United States of America) it refers to a "trial within a trial". It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury is removed from the court for the voir dire.

The term has thus been broadened in Australian jurisdictions to include any hearing during a trial where the jury is removed. The High Court of Australia has noted that the voir dire is an appropriate forum for the trial judge to reprimand counsel or for counsel to make submissions as to the running of the court to the trial judge.

Use in the United States

In the United States, it now generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury. It also refers to the process by which expert witnesses are questioned about their backgrounds and qualifications before being allowed to present their testimony as expert opinion in court. As defined by Gordon P. Cleary: "Voir Dire is the process by which attorneys select, or perhaps more appropriately reject, certain jurors to hear a case." As noted above, in the United States (especially in practice under the Federal Rules of Evidence), voir dire can also refer to examination of the background of a witness to assess their qualification or fitness to give testimony on a given subject.