Question 1

What is voir dire in Florida?

Accepted Answer

Voir dire (from the French "to speak the truth") is the jury selection process in which attorneys and the judge question prospective jurors to identify bias, prejudice, or other factors that would prevent them from being fair and impartial. In Florida, voir dire is governed by Florida Rule of Civil Procedure 1.431 (civil) and Florida Rule of Criminal Procedure 3.300 (criminal). The process: prospective jurors are summoned from the jury pool, they complete juror questionnaires, the judge conducts initial questioning, attorneys for each side question the jurors, and jurors are selected or removed through challenges.

Question 2

What types of challenges are available during Florida voir dire?

Accepted Answer

Two types of challenges: challenges for cause (unlimited in number; a juror is removed for a specific reason that would prevent them from being fair, such as a personal relationship with a party, financial interest in the outcome, strong prejudice that cannot be set aside, or inability to follow the law as instructed), and peremptory challenges (limited in number; each side can remove a fixed number of jurors without stating a reason; in civil cases, each side typically gets 3 peremptory challenges; in criminal cases, the number varies by the severity of the charge). Peremptory challenges cannot be used to discriminate based on race, gender, or ethnicity (Batson v. Kentucky, extended to civil cases by Edmonson v. Leesville Concrete).

Question 3

How does voir dire work in Florida real estate and civil cases?

Accepted Answer

In civil cases: the jury typically consists of 6 jurors (not 12 as in many criminal cases). Each side usually gets 3 peremptory challenges. The judge may allow additional challenges for multi-party cases. Common voir dire topics in real estate cases: whether jurors have experience with real estate transactions (buying, selling, renting), whether jurors have been involved in contract disputes, whether jurors have opinions about developers, landlords, or real estate agents, whether jurors can follow instructions on damage calculation, and whether jurors have relationships with any of the parties, witnesses, or attorneys. Effective voir dire in real estate cases identifies jurors who may be biased for or against property developers, lenders, or homeowners.

Jury Selection Voir Dire Process Florida

Jury Selection and Voir Dire in Florida

Process

Challenge Types

Real Estate Case Focus

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