North Carolina Motion to Invoke the Rule Prior to Voir Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony
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FAQ
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
What is Voir Dire? Voir dire is the procedure by which an expert witness is qualified. This consists of both a direct examination by the person offering the witness as an expert and a cross-examination.
A voir dire examination is a threshold determination on whether the witness is competent in the area of expertise that is the same as the subject matter of his or her testimony. Getting your expert qualified at trial starts with selecting an appropriate and competent expert.
Judges fulfill this responsi- bility during voir dire by questioning jurors about their ability to be fair and impartial, listening care- fully to their responses, and excusing those individuals whom the judge and lawyers agree would have difficulty serving.
A witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The standard is a minimal one. The witness need not be the best available expert or have extensive training. The expert's qualifications must be established on the record before the witness is asked to give opinions.