Questions to Ask Jurors During Jury Selection
For a trial lawyer, a law student, a mock trial competitor or anyone representing themselves who has to prepare voir dire, the questioning of prospective jurors. The 52 questions run in the order the conversation usually does: background, experience with courts, this particular case, attitudes that bear on it, the ability to follow the law, and the last few before you sit down. Each note says what a good or a worrying answer sounds like and what to do with it; what you may ask differs from court to court, so check with yours, and none of this is legal advice.
The questions
Each question, and why to ask it
Background
What kind of work do you do, and what does an ordinary day of it look like?
Why ask it
The day tells you more than the job title. Someone who checks other people's work, handles complaints or decides who gets hired has judged disputes before, so ask what that taught them about people's stories.
Who lives at home with you, and what kind of work do they do?
Why ask it
A partner who is a nurse, a claims adjuster or a police officer supplies opinions at the dinner table, and the juror may carry them into the jury room without noticing. Some courts collect family details on a written questionnaire and not aloud; find out how yours handles it before you plan to ask.
Have you had any training or work experience in law, medicine, insurance or accounting?
Why ask it
Change the fields to the ones your case turns on. A juror with training can become the jury room's own expert, whose opinion the others take over the witnesses'. The follow-up is whether they could decide on the testimony and not on what they already know; 'I would know if they were wrong' is the worrying reply.
Have you ever been in charge of other people, at work, in the military or anywhere else?
Why ask it
People used to running things often end up running the jury room. That is welcome when their other answers favor your side and a real worry when they do not, so mark these jurors and weigh everything else they say more heavily.
How long have you lived around here, and what brought you to the area?
Why ask it
An easy one that gets a quiet juror to say a full sentence before anything harder arrives. Listen for ties to the place where the case happened: a juror who drives past that intersection every morning will bring their own picture of it into the jury room.
What do you spend your time on when you are not at work?
Why ask it
Coaching, volunteering, a union role or a church committee all show how a person deals with groups and rules. One-word answers are information too. That juror may say as little in deliberations, which matters if you were counting on them to speak up.
Where do you get most of your news, and how closely do you follow it?
Why ask it
Ask about habits and leave politics alone, since many judges cut off anything that sounds like a question about voting. A juror who follows crime coverage or court stories every day arrives with firmer expectations than one who skims headlines.
Is there anything that would make it hard for you to see, hear or follow the testimony, or to sit through long stretches of it?
Why ask it
The judge usually covers this, and if so do not repeat it. When it falls to you, put it to the whole panel and invite a private word afterward, because few people will announce a hearing aid or a health matter to a full room. What a court can do to accommodate a juror differs, so pass the answer to the judge and do not debate it.
Is there anything happening in your life over the next few days that would pull your attention away from this trial?
Why ask it
A juror thinking about a sick parent or an unpaid shift is not listening to your witness. In many courts the judge deals with hardship before the lawyers speak, so do not argue the point: thank the person and let the court decide.
Court experience
Have you ever served on a jury before, and what kind of case was it?
Why ask it
Find out whether it was civil or criminal and whether the jury reached a decision. Many judges do not let lawyers ask what that decision was, so check first. Someone whose only trial was a criminal one may expect the same level of proof in a civil case, which is a point for the court to clear up.
For those of you who have sat on a jury before, what stayed with you from it, good or bad?
Why ask it
'It was a waste of a week' and 'I was surprised how seriously everyone took it' describe two different deliberators. Find out too whether they were the foreperson. Someone who led one jury is often looked to by the next, which gives their other answers extra weight.
Have you, or anyone close to you, ever sued someone or been sued?
Why ask it
Get which side they were on and how it ended, then ask whether the result felt fair. Someone still angry about a judgment against them may hold it against whichever party in your case sits where their opponent sat.
Have you ever made a claim for an injury or a loss, or had one made against you, even if it never went near a court?
Why ask it
Plenty of people who say no to the lawsuit question say yes to this, because an insurance claim does not feel like a legal matter. Ask how they were treated along the way. A person who felt brushed off and a person who felt cheated by an inflated claim lean in opposite directions.
Have you ever testified in court, or given a sworn statement or a deposition?
Why ask it
Anyone who has been cross-examined remembers how it felt, and that colors how they watch your witnesses being pressed. Ask what the experience was like for them, not what the case was about.
Have you, or someone you are close to, ever been the victim of a crime?
Why ask it
Offer at the start to take the answer privately, with the judge and the other side present, if the court permits it. Nobody should have to describe an assault to a room of strangers. What you need is whether it was reported and how they felt it was handled, not the details.
Have you, or a member of your family, ever been arrested or charged with an offense?
Why ask it
Often easier on paper than aloud, so ask the clerk whether a questionnaire is used. The follow-up that matters is whether they think the person was treated fairly. Do not assume a yes makes the juror sympathetic to the defense; some families are hardest on their own.
Is anyone close to you a police officer, a lawyer, or someone who works in a court or a jail?
Why ask it
Ask how often they talk about the work. A cousin seen once a year is nothing, while a parent who came home with stories for twenty years has shaped how the juror thinks cases go. Follow with whether they could reach a verdict that person would disagree with.
Thinking about every dealing you have had with courts or lawyers, how did it leave you feeling about the system?
Why ask it
The facts of an old lawsuit or arrest matter less than the feeling it left behind, and this asks for the feeling directly. 'It works if you can afford it' and 'people get away with too much' are both worth writing down word for word, because you may need the exact phrase when asking the judge to excuse someone.
This case
Do you recognize any of the names you just heard: the parties, the lawyers or the witnesses?
Why ask it
Read the list slowly and include the firms and businesses. Knowing someone covers being their customer or their child's teammate. Ask how well, and whether it would be awkward to run into that person after a verdict against them.
Do any of you know each other, from work, the neighborhood or anywhere else?
Why ask it
Easy to forget and worth the ten seconds. Two jurors who share a workplace, a street or a family can end up voting as one, and it matters more when one of them supervises the other. Where the court allows it, ask each of them separately whether they could disagree with the other in the jury room.
Have you read, seen or heard anything about this case before today?
Why ask it
Take a show of hands only, then ask the judge to hear the details away from the panel. A juror who repeats a news story aloud has just told everyone else in the room. 'I saw the headline' is rarely a problem, while 'I followed it' needs a longer talk.
From the short description you have been given, what was your first reaction?
Why ask it
First reactions tend to stick, and people will share theirs if you ask without flinching. Do not correct or argue with what you hear. Thank the juror, then ask who else had the same thought, because the people who nod are the ones you would otherwise never find.
Has anything like the events in this case ever happened to you or to someone you care about?
Why ask it
Often the most telling answer of the day. A juror who has been rear-ended, fired or accused will measure your client against themselves, and whether that helps you depends on how it ended for them. Find that out, and whether they felt fairly dealt with.
Have you or a family member ever worked in the same line of business as anyone in this case?
Why ask it
A former landlord hearing a tenant's claim, or a retired nurse hearing a hospital case, knows how things are done and will measure the evidence against that. Ask whether the way their workplace did it was the only right way. A flat yes is the worrying answer.
You will hear from police officers in this trial. Would you give an officer's word more weight, or less, than another witness's, just because of the job?
Why ask it
Swap in doctors, experts or whoever carries authority in your case. 'It depends what they say' is the answer you hope for. 'They have no reason to lie' and 'I do not trust them' each call for a follow-up, and perhaps a request to excuse.
Some of the evidence may be hard to look at or listen to, such as photographs of injuries. How do you think you would handle that?
Why ask it
Jurors appreciate the warning, and a few will say plainly that they could not look. Ask whether strong feelings about a picture would push them toward one side before they had heard who was responsible. Describe the evidence neutrally, because a preview of it will draw an objection.
This case is a dispute between a landlord and a tenant. Does anyone have strong feelings about either group, one way or the other?
Why ask it
Put the subject of your own case here, whatever it is that people argue about at family dinners. Take hands, then turn to someone whose hand stayed down and ask what they think. Silence after a group question usually means shyness, not neutrality.
I am representing myself in this trial. Would that lead you to expect more of me, or less, than of the side with a lawyer?
Why ask it
For anyone appearing without a lawyer; a lawyer facing such a party can turn it around. Sympathy for the underdog and impatience with someone who 'should have hired help' both show up, sometimes from the same juror. What you want to hear is that either side would need the same evidence. Check with the judge first on how the court likes the subject raised.
Is there anything about this kind of case that makes you think a different trial would suit you better?
Why ask it
It hands a juror a polite way to say what they have been holding back, and some take it. 'I would rather not be here at all' is not the same as 'I could not be fair on this subject,' so ask which of the two they mean.
Attitudes
Some people feel there are too many lawsuits, and others feel a lawsuit is how an ordinary person holds someone to account. Which is closer to your view?
Why ask it
Putting both views in the question makes either one safe to admit. Ask what the juror is picturing as they answer. It is often a single story from the news, and you learn more from the story than from the label.
How do you feel about awarding money for things that come with no bill, such as pain or the loss of a relationship?
Why ask it
A civil question. Jurors who say 'money will not fix it' may still follow the judge's instructions; what you need to know is whether they could put a figure on such a loss if the evidence called for it. Courts differ on how far you may go into amounts at this stage, so raise it with the judge before naming one.
When a person is charged with a crime, do you tend to think they must have done something to end up here?
Why ask it
Many honest people do think so, at least a little, and saying it aloud is no sin. Thank the first juror who admits it and ask who shares the feeling. Then leave it to the judge to explain the presumption that applies, and watch who looks unconvinced.
If the accused chose not to testify, what would you make of that?
Why ask it
'I would want to hear their side' is the ordinary human answer and the one to listen for. Ask whether that wish would count against the accused in the jury room. How a court instructs on this varies. Let the judge state the rule and do not paraphrase it yourself.
Should a large company be treated any differently in court from an individual, for better or worse?
Why ask it
You are listening for 'they can afford it' from one direction and 'people just want a payout' from the other. Either can be explored with one more question: what would the company have to show for you to find in its favor? Note any answer that sets the bar higher than it would be for a person.
When two people describe the same event in opposite ways, how do you usually work out whom to believe?
Why ask it
Nothing here has a right answer, which is why people answer it freely. Some trust paper, some trust eye contact, some go with whoever has less to gain. Match that against your case: a juror who wants documents is hard on a client who has none.
Which is closer to how you see things: people are mostly responsible for what happens to them, or bad things often happen to careful people?
Why ask it
A choice between two respectable positions tells you more than 'do you believe in personal responsibility,' which everyone does. Ask for an example from their own life. In an injury case the defense usually hopes for the first group and the plaintiff for the second, though the example matters more than the pick.
Has anyone here had an experience with a police officer that stayed with them, whether it was bad or especially good?
Why ask it
Asking for both keeps the question from sounding as if it has a side. A traffic stop from years ago can still shape how a juror hears an officer today. Offer the bench for anything personal, and ask whether one officer's conduct would be held against a different one.
Before deciding a case like this one, what would you want to know?
Why ask it
The answers preview what this jury will expect from you, so write them all down. They also show who is quietly moving the burden: a juror who needs the defense to 'show what really happened' has told you something the judge may have to address.
Following the law
The judge will explain the law at the end of the trial. If you disagreed with one of those rules, could you still apply it?
Why ask it
Nearly everyone says yes, so the value is in the hesitation and in the juror who says 'it depends on the rule.' Do not go on to explain the law yourself. Judges commonly stop lawyers who try, and you can ask the court to describe the rule for the panel.
Do you hold any religious, moral or personal belief that would make it hard for you to sit in judgment of another person?
Why ask it
You need only a yes or a no, never what the belief is, and saying so before you ask makes people more willing to answer. A juror who feels a verdict is not theirs to give is usually sincere, and is better found now than in the middle of deliberations. Anything further belongs at the bench, if the court allows it.
The side that brought this case has to prove it. If you reached the end unsure whether they had, how would you decide?
Why ask it
You hope to hear that the side with the burden loses; 'I would split the difference' is the worrying reply. How much proof is needed usually differs between civil and criminal cases and is the judge's to define. Some courts treat a question like this as asking for a promise, so learn your judge's view first.
Can you hold off on making up your mind until both sides have finished presenting their evidence?
Why ask it
It matters most to whoever goes second. Ask how they manage this in ordinary life, such as hearing one child's account of a fight before the other's. A juror who laughs and says 'I usually know right away' is being honest with you, so follow up.
Will you decide this case only on what you hear in this courtroom, and stay off searches and social media about it until it is over?
Why ask it
Courts give their own instruction on this, and the question lets you see who treats it as a formality. Look for the juror who researches everything, and ask what they would do when a term came up that they did not understand. Asking the judge is the reply you want.
If the judge told you to disregard something you had already heard, do you think you could really do it?
Why ask it
An honest 'I would try, but I cannot unhear it' is common, and what to make of it is for the judge. For you it shows how careful to be about what gets said in front of this jury, and which jurors take the court's directions seriously.
Would sympathy for one side, or dislike of the other, make it hard for you to decide on the evidence alone?
Why ask it
Most useful when your opponent is the more sympathetic party. Jurors often answer 'I am human,' which is a fair reply. Ask what they would do with that feeling when it was time to vote, and whether they could live with a verdict that went against it.
If the evidence supported it, could you return a verdict that people you know would be unhappy with?
Why ask it
This counts in a small community or a case that has been in the news. Watch for a glance at the gallery before the answer. A juror with customers or a public role may need a private word with the judge about it.
Suppose you were the only one in the jury room who saw the evidence a certain way. What would you do?
Why ask it
You are after someone who would neither fold in five minutes nor refuse to listen. 'I would explain why and hear them out' is a good sign. Whether a verdict must be unanimous depends on the court and the type of case. Check before you build a point on it.
Last questions
Did anything another juror said today make you think, 'that goes for me too'?
Why ask it
People who would never raise a hand first will often attach themselves to someone else's answer. Name the topic if you can, such as the juror who spoke about being sued, and look around the room while you wait.
If you were sitting where my client is sitting, would you be comfortable with a juror who thinks the way you do right now?
Why ask it
Best asked once the panel knows what the case is about, and 'where I am sitting' if you represent yourself. It has jurors judge their own fairness from the other chair, and a few who said yes to everything else will pause here. Treat a pause as the start of a conversation.
Is there anything you would prefer to tell the judge in private instead of in front of the group?
Why ask it
Whether private questioning is offered, and where it happens, is up to the court. Find out beforehand and describe it to the panel accurately. Matters raised this way are often the ones that decide a challenge: a conviction, a diagnosis, a history with one of the parties.
What have I not asked that you think either side would want to know about you?
Why ask it
The catch-all, and it earns its place more often than seems likely. Give it real silence, a slow count of five, before moving on. Whatever comes out, thank the juror and do not show whether it helped or hurt you.
Now that you know what this case is about, is there any reason you could not be fair to both sides?
Why ask it
Asked cold, 'can you be fair' gets a yes from every seat, which is why it works better at the very end, once the specifics are out. 'I would try' or 'I think so' deserves one more gentle question. If the answer is no, thank them; whether that juror is excused is then the judge's decision.
Running voir dire so jurors tell you what they think
Practical guidance for the conversation itself
Before you write your questions
Find out who does the asking
In some courts the lawyers question the panel directly. In others the judge asks everything and the parties hand up written requests, or get a few minutes at the end. Call the clerk or read the judge's standing order before you draft, because a script built for an hour is no use when you are given ten minutes.
Learn how jurors are removed there
Many courts separate a challenge for cause, where the judge excuses a juror who cannot be fair, from a limited number of strikes each side may use without giving a reason. Whether both exist, how many you get, when you use them and what they are called all vary. Ask, and plan your questions around the answer.
Decide who you are worried about
Write down the two or three beliefs that would sink your case if a juror held them. Every question you keep should help find those people. Jury selection removes jurors; it does not let you pick them, so time spent drawing out a favorable juror mostly points them out to the other side.
Ask about a questionnaire
Where the court sends prospective jurors a written form, read the answers before you stand up and do not repeat what is on it. If the case is sensitive, ask well ahead whether the court will add questions of yours to the form.
Mock trial and classroom exercises
Competition rules and course packets set their own format, often with a time limit and a panel of volunteers. Read them first, and the score sheet if there is one. Practice the follow-up as much as the script: a second question built on the juror's own words is what shows you were listening.
Wording that gets honest answers
Start with what, how and tell me
'Can everyone be fair?' gets a room of nods. 'How do you feel about people who sue their employer?' gets sentences. Keep yes-or-no questions for pinning down something a juror has already said in their own words.
Offer both ends
State two reasonable positions and ask which is closer. It tells the panel that neither answer will be judged, and it keeps you from signaling the one you want. A number works the same way: ask where a juror falls from one to ten, then ask what kept it from being higher or lower.
Go from the room to one person
Put a question to the whole panel, take hands, then pick one person and ask them to say more. After that: 'Who else sees it that way?' Then call on someone who has not spoken. Group questions alone let the quiet jurors stay invisible.
Thank the answer that hurts
The first juror to say something bad for your side is watched by everyone else. Thank them and mean it, and the next three will talk. Argue, and you have taught the panel to keep quiet.
Use plain words
Say 'the person who brought the case' before you say plaintiff, and skip the Latin altogether. Jurors who do not understand a question tend to agree with it.
Talk less than they do
Run the questions once on friends or colleagues and have someone time how much of it is your voice. If you are doing most of the talking you are making a speech, and a speech teaches you nothing about the people in the box.
What courts tend not to allow
Asking for a promise
Questions that lay out your facts and ask jurors how they would vote are widely refused. The line between that and a fair question about the burden of proof is drawn differently by different judges, so ask yours where it falls.
Arguing the case
This stage is for learning about jurors. A summary of your evidence dressed as a question draws an objection, and a judge who has sustained two of them may shorten your time.
Teaching the law
Explaining legal rules is the judge's job in most courtrooms. If a question depends on a rule, ask the court to state it, or ask permission to read the instruction as the court will give it.
Prying without a reason
Religion, politics, health and income are off limits in many courts unless the case makes them relevant, and even then judges often want them handled in writing or at the bench. Be ready to say why you need the answer.
Removing jurors for who they are
Many courts forbid strikes based on race, sex or similar traits and can require a lawyer to give the real reason for one. Read the rule where you are, and keep notes that show what each juror said.
Making friends
Compliments, jokes at the other side's expense and chat about a shared hometown come across as fishing for favor, and judges notice. Courtesy is enough.
What to do with the answers
Keep a seating chart
Draw the box, write each name in its seat and note answers in the juror's own words. If you can, have a second person write while you ask, since holding eye contact and taking notes at once is more than most people manage.
Pin down a problem answer
When a juror says something that suggests they cannot be fair, do not move on. Repeat it back, ask whether it is a view they have held for a long time, and ask whether it would be hard to set aside. A clear statement in the juror's own words is what a judge will want to hear before excusing anyone.
Expect the other side to repair it
After a damaging answer, the opposing lawyer or the judge will often ask whether the juror can still follow the law, and most people say yes. That is why the specific follow-ups count for more than the first admission.
Weigh what was said, not how someone looks
Clothes, age and posture are poor guides, and leaning on them invites the kind of strike courts prohibit. Rank jurors on their answers to your two or three key questions.
If you are representing yourself
Ask the clerk or the court's self-help office how jury selection runs in that courtroom and whether you may watch one first. This page is general information, not legal advice, and local rules decide what you may ask.