What works for voir dire in Orange County
Plan for a voir dire of no more than thirty minutes if you’re called for trial in Orange County. That’s the consensus of an Orange County panel of eight superior court judges sitting in civil cases. While the panel agreed there are exceptions, and at least one judge indicated he tries not to limit voir dire (“It’s really the lawyers’ show, not mine”), most of the jurists spoke repeatedly of the need to “keep it short” and agreed that in most trials “less is more.” The panel, assembled in January for a Trial Lawyer Masters Program by the American Board of Trial Advocacy (ABOTA) and moderated by Hon. Thierry P. Colaw, included Hon. Gail A. Andler, Hon. John C. Gastelum, Hon. Derek W. Hunt, Hon. David T. McEachen, Hon. Jamoa A. Moberly, Hon. Robert J. Moss, Hon. Steven L. Perk and Hon. Luis A. Rodriguez. While the judges were mindful of the changes made in 2011 to the Code of Civil Procedure section 222.5 that prohibits judges from establishing a blanket policy of a time limit for voir dire, they noted that judges ultimately retain the discretion to set reasonable time limits. In at least half of their courtrooms, 30 minutes for each side seems to be the “reasonable” amount of time. Speaking to a mixed audience of plaintiff and defense attorneys, two of the judges noted that by the time the defense gets its shot at the prospective panel, the judge and plaintiff counsel have both questioned them and the questioning can easily become redundant. “You really need to keep track of who was asked what and avoid unnecessarily repeating the same questions,” cautioned one judge, who noted that while he does not establish strict time limits, he will cut off the questioning when he feels “we’ve already been over this.” Another suggested that attorneys be ready with some interesting questions designed to make jurors open up about themselves rather than
focusing on specific biases they are afraid will affect this case. “If all your questions are case specific, there’s a pretty good chance the Court or opposing counsel will already have asked those questions. Now what are you going to ask?”
The mini-opening statement
Immediately preceding your voir dire, be prepared to give a five-minute mini-opening statement. Several of the judges indicated that they require it and only one said that he steadfastly prepares his own statement of the facts to read to jurors. Most find the lawyers’ statements are more useful and interesting to jurors than the court reading its own statement. Several judges stressed that every panel of prospective jurors has several citizens who have decided they don’t want to serve, yet are drawn in by a good story told by the lawyers in the mini-openings and change their minds about serving. “I can see it in their faces and by how they stop fidgeting when they get drawn in by the attorneys,” said one of the veteran jurists. All of the judges indicated that they tell counsel in the pretrial conference to be ready for a mini-opening statement, but that some attorneys still show up ill-prepared for this opportunity to prime the jury. While there was diversity of opinion on what factors made for a good voir dire, there was near unanimity by the jurists on one question. Was voir dire, indeed, the most important part of the trial? Yes. The program was held January 18 at Chapman University School of Law, Orange. www.ocabota.com. — Richard Neubauer for Advocate
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