voirDireinCoviD-19timesAnDBeYonD
Trial & litigation Section Chair : ErinJackson , JohnsonJacksonLLC
COVID-19 has left courts with an unprecedented backlog of cases . While civil courts are open for jury trials , courts are faced with the challenge of relieving the massive backlog while continuing to operate safely in the face of variant surges . Some courts have tried to balance these challenges by limiting voir dire . Some circuits have even issued administrative orders uniformly applying 45-minute per side limitations on voir dire . Courts should use this tool sparingly and flexibly to protect one of the pillars of a free democratic republic , free and fair jury trials .
The voir dire process is governed by Rule 1.431 , “ the rights of the
inflexibilityintheamountoftimeperiodforvoirdire isnotawisepathuponwhichtocontinuetotravel .
parties to conduct a reasonable examination of each juror orally shall be preserved .” 1 A reasonable voir dire examination is a fundamental right to ensure a “ fair and impartial jury .” “ Time restrictions or limits on numbers of questions can result in the loss of this fundamental right . They do not flex with the circumstances , such as when a response to one question evokes follow-up questions .” 2
While cases have recognized a court ’ s discretion in placing reasonable limitations on voir dire , courts have widely recognized a prohibition against arbitrary time limits on voir dire . 3 The principles behind protecting the right to meaningful voir dire apply in civil matters too . In Carver v . Niedermayer , the trial court imposed
Continuedonpage57
5 6 N O V - D E C 2 0 2 1 | H C B A L A W Y E R