Pre-Trial Motions | Voir Dire
You’ve filed a personal injury lawsuit, a divorce, or a breach of contract claim. You’ve completed the discovery process, and there’s no prospect that the lawsuit will settle. What happens next? How will your case move toward trial?
Pre-Trial Motions
During the discovery, the court generally has little involvement with the case, unless the parties cannot agree on certain matters related to disputes with depositions, questions and answers, or requests for production. Once discovery is finished, though, the court typically becomes very involved, as parties commonly file a variety of pre-trial motions. Those motions commonly fall into two categories: dispositive motions and motions related to evidence.
Dispositive motions seek to avoid trial by asking the court to make a final determination based on the evidence already gathered. Either party may file what is referred to as a Motion for Summary Judgment, asking the court to make a final ruling before trial based on the evidence (or lack thereof). When filed by the plaintiff, a Motion for Summary Judgment asks the court to immediately grant relief. When filed by a defendant, it seeks the dismissal of the case or some of the allegations.
During the course of discovery, it’s common for the parties to uncover evidence that may not be admissible at trial. Inadmissible evidence may be prejudicial and make it difficult for a jury to render a fair verdict. To avoid that, evidentiary motions seek to establish before trial what the jury will and will not hear. Either party may ask the court prior to trial to make certain evidence inadmissible, and the judge ultimately makes the determination as to what can and cannot be used at trial.
Voir Dire or Jury Selection
Before the trial begins, a jury must be selected. The goal of jury selection, called voir dire, is to gather people to vote on what happened. During voir dire, attorneys for either party may ask potential jurors questions in an attempt to determine any bias. This is possible the most critical stage of the case…it is an art. The goal is for you to get rid of people with a bias against you or your case and to protect people sympathetic to you from not making the jury. The judge may also conduct inquiry during voir dire. There are two ways that potential jurors may potentially be rejected:
- A challenge for cause—A juror with serious bias cannot be fair can cannot be a juror. There are typically no limits on the number of challenges for cause, but the judge will make the final determination.
- A peremptory challenge—With a peremptory challenge, the attorney usually does not need to state a reason for rejecting the potential juror. There are typically a limited number of peremptory challenges available, but has a strong feeling about their bias.
Contact The Loftin Firm for Experienced and Aggressive Trial Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with The Loftin Firm. Over the past quarter of a century, Trey Loftin has represented individuals and businesses in a wide range of legal proceedings. He can anticipate the arguments of opposing counsel and take the necessary steps to protect your rights.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
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