In December of 2025, an attorney from Richmond by the name of Sharif Gray wrote an excellent article in the Virginia State Bar News dealing with jury selection. What follows is in large measure a summary of that very fine article.
Jury Selection-The Breadth of Voir Dire
The Virginia Supreme Court in Martin v. Commonwealth, 221 Va. 436, 444 (1980) stated that voir dire must be thorough enough to reveal actual bias. It is not designed to simply elicit pro forma assurances of fairness. Where a potential juror has expressed some bias or some inconclusiveness as to whether or not they can be fair, then merely asking them if they can be fair is not sufficient. Breeden v. Commonwealth, 217 Va. 297, 300 (1976)
The right to question jurors is a matter of right. Va. Code § 8.01-358; Burton v. Commonwealth, 85 Va. App. 408 (2025)
Be Credible
You earn credibility with the jury in several ways. Use plain language. Don’t refer to the plaintiff as “the plaintiff”. The plaintiff is the party bringing the lawsuit. The defendant is not “the defendant”. The defendant is the party being sued. Learn the names of all of the prospective jurors. Learn how to pronounce those names correctly. Make eye contact with the jurors as they speak and as you speak to them.
Ask Open-Ended Questions
A good open-ended question is, “What are your feelings about awarding money for pain and suffering?”
Another good open-ended question is, “What are your thoughts on…?” or “How you do feel about…?” Get them to talk. When they finish talking, say “thank you” and mean it. When a juror has made some statement about some open-ended question that you’ve asked, then follow that up by asking, “Who else feels that way?”
Frame the Issues Through your Questions
You don’t need to tell the jurors up-front what the issues are in express terms but rather tell them what the issues are through your questions. If there is going to be an issue in the case about a witness being a hired gun, then ask about that. You don’t need to use the term “hired gun”. Ask them how they feel about a witness making over $1 Million a year as an expert witness, even though that witness may have a long list of degrees.
Jury Selection-Resistance from the Judge
Some judges may resist these types of open-ended questions. What they’re looking for is for you to get through voir dire quickly and get a jury in the box early in the morning so that the trial can get underway. If there is resistance to you asking about so-called “hired guns”, your response should be, this is your attempt to determine whether or not this panel can fairly evaluate expert testimony. That is central to both sides.
If your question deals with potential bias or inability to follow jury instructions, that is critical. Remind the court that you have a statutory right to meaningful voir dire per Va. Code §8.01-358.
Call, or contact us for a free consult. Also for more info on jury selection see the Wikipedia pages. Also see the post on this site dealing with jury issues.
