Voir Dire
Definition
A preliminary hearing at which a court tests whether a proposed witness or item of evidence meets the legal admissibility threshold. In the expert witness context, a voir dire allows the opposing party to challenge the proposed expert's qualifications before the jury hears the testimony.
- When it occurs
- Pre-trial hearing, before the expert witness testifies
- Primary use
- Tests expert credentials and methodology to determine admissibility of testimony
Common questions
What happens during a voir dire examination?+
Opposing counsel tests whether an expert witness has the credentials and expertise to testify. The examination challenges the expert's qualifications and methodology before they take the stand at trial.
How does voir dire differ between Daubert and Frye jurisdictions?+
In Daubert jurisdictions, the judge evaluates the expert's methodology and scientific reasoning. In Frye jurisdictions, the judge focuses on whether the expert's methods are generally accepted by the scientific community.
Why is it called voir dire?+
The term comes from Old French and means 'to speak the truth.' It reflects the purpose of the examination: determining whether the witness is truthful and qualified to offer expert opinion.
Related terms
- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Expert Witness
- A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
- Frye Standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...
- Activity-Level Opinion
- An interpretation that goes beyond what was found to address what activity (colonisation, movement, wrapping) is consistent with the findings. Most forensic...
- Advocate Expert
- An expert who argues a position in the interests of the retaining party rather than providing an objective assessment. Considered unethical in...
- Bharatiya Sakshya Adhiniyam 2023 (BSA)
- India's current evidence statute, which replaced the Indian Evidence Act 1872. Section 63 of the BSA governs electronic records and requires a...
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Confidence Interval
- A range that captures the estimate's uncertainty. In entomological testimony, the PMI should be presented as a range derived from the propagation...
- Cross-Examination
- Questioning of a witness by the opposing party. For an expert, cross-examination probes qualifications, methodology, the basis of opinions, limitations, inconsistencies with...
- Direct Examination
- Questioning of a witness by the attorney who called them. Usually structured to build a logical narrative: credentials, examination process, findings, interpretation.
- Expert Duty
- The obligation, recognised across common-law jurisdictions, for a court-appointed or party-instructed expert to give an honest, independent opinion rather than an opinion...
- Expert Report
- A written document prepared by the expert before trial or hearing, setting out their qualifications, the materials reviewed, the methodology applied, and...
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