Voir Dire in Trucking/Auto Accident Cases - Nov. 1, 2013

Robert B. Hirschhorn, Esq.Jury and Trial Consultant

Cathy Bennett & Associates

5+ Tips to Motivate Lips 1

OBJECTIVES OF VOIR DIRE

• Identify potentially unfavorable jurors• Have the jurors admit to a leaning or prejudgment, what the

law calls a “bias or prejudice” Compton v. Henrie, 364 SW2d 179 (Tx.1963)

But See, Cortez v. HCCI , 159 SW 3d 87 (Tex. 2005) Hyundai Motor Co. v. Vasquez, 189 SW3d 743 (Tex. 2006)

In Re Hill, 334 SW 3d 226 (Tex. 2011) BNSF v. Wipff, __SW3d __, (decided 8/8/13, Ft. Worth Court of Appeals) [shuffle]

KJ v. USA Water Polo, 383 SW3d 593 (14th Dist. App. 2012)

• Lock the jurors into the “Cortez” Coffin• Learn what feelings or opinions the remaining jurors have

about the key issues in your case• Have more jurors excused for Cause• Intelligently exercise peremptory strikes• End up with a favorable jury• Obtain GREAT verdicts (and be the Appellee)

Inside the Courtroom

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10 TIPS TO MOTIVATE LIPS

1. SHORT QUESTIONNAIRES ARE ACCEPTED AND USED BY MANY STATE COURT JUDGES

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10 TIPS TO MOTIVATE LIPS1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS

2. SELF DISCLOSURE

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10 TIPS TO MOTIVATE LIPS1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS 2. SELF DISCLOSURE

3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS

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VOIR DIRE

TWO TYPES OF BIAS:

•UPBRINGING

•LIFE EXPERIENCE8

9A “FAIR AND IMPARTIAL” JURY

10 TIPS TO MOTIVATE LIPS

1 SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS

4. THREE TYPES OF QUESTIONS – CLOSED-ENDED, OPEN-ENDED AND SCALED

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CLOSED-ENDED QUESTION

Does anyone on the jury panel have such strong feelings about truck drivers or trucking companies that it would affect your ability to be a fair and impartial juror?

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OPEN-ENDED QUESTION

What was your feelings or opinions about truck drivers or trucking companies?

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SCALED QUESTION (Elimination)

How strongly do you agree or disagree with the following statement:

In a case involving an accident with a 18 Wheeler, I would start the trial favoring the plaintiff (the party who is suing).

0 1 2 3 4 5 6 7 8 9 10

Strongly Agree Neutral Strongly Disagree

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SCALED QUESTION (Elimination)

What number best describes your feelings or opinions about truck drivers:

0 1 2 3 4 5 6 7 8 9 10

Very Neutral Very

Negative Positive

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SCALED QUESTION (Education)

How strongly do you agree or disagree with the following statement: In a case involving injuries caused by a trucking accident, I would start the trial completely neutral and would favor neither side.

0 1 2 3 4 5 6 7 8 9 10

Strongly Disagree Neutral Strongly Agree

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BURDEN OF PROOF NOT MET (Education)

How strongly do you agree or disagree with the following statement:

If at the end of the trial, I believed that the plaintiff proved their case by a preponderance of the evidence, my verdict would be for the plaintiff.

0 1 2 3 4 5 6 7 8 9 10Strongly Disagree Neutral Strongly

Agree

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10 TIPS TO MOTIVATE LIPS1 SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED

4a. TRACKING CHART

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SCALED QUESTION CHART 

# 

SCALED QUESTION 

# 

SCALED QUESTION A

 TRUCK DRIVERS

 D

   

B NEUTRAL

 E

   

C DAMAGES

 F

  

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#

A B C T # A B C T

1. 6

 5

 6

 

1711.

2. 3

 3

 3

 9 12.

3. 1

 0

 1

 2 13.

4. 2

 2

 10

 14 14.

5. 10

 6

 2

 18 15.

6. 5

 5

 5

 15 16.

7. 9

 9

 1

 19 17.

10 TIPS TO MOTIVATE LIPS1. SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED

5. LISTENING IS AN ACTIVE SKILL

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10 TIPS TO MOTIVATE LIPS1. SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED 5. LISTENING IS AN ACTIVE SKILL

5A. BELIEVE IN YOUR CASE, BELIEVE IN YOUR JURY AND BELIEVE YOUR FAMILY

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5+ TIPS TO MOTIVATE LIPS

CONTACT INFORMATIONCATHY BENNETT & ASSOCIATES 217 S. STEMMONS, SUITE 203 LEWISVILLE, TX. 75067 (972) 434 – 5879 WEB PAGE – www.cebjury.com

E-MAIL - rbh@cebjury.com

Request Materials – robin@cebjury.com21