Did you know that you could undercut your trial theme simply by the order in which you’re asking voir dire questions?
You have probably put thought into the content of your questions, but if you don’t consider the order, you’re missing a big part of the message and potentially sending the wrong message to your jurors.
Order tells jurors what you think matters most, what you’re worried about, and how confident you are in your own case. It gives them a sense of what the case is about before the evidence is put forth.
If you start your jury selection with your biggest issues, jurors may wonder if you have a good case at all.
Here’s a simple example. Say your client wasn’t wearing a seatbelt. Jurors may or may not know that from the mini opening or neutral statement. But either way, if you bring it up early in voir dire, you’re putting weight on that issue. You’re telling the room, “This is the thing I’m most concerned about.”
Consider instead putting questions about your themes first that will give jurors context.
Start with the product defect. Talk about what the company knew and when they knew it. Ask jurors how they feel about companies that cut corners when safety is on the line.
Then, once jurors have context for the case, work your way into the seatbelt issue. Now it’s one factor among many, not the headline. Jurors will think, “maybe the seatbelt wasn’t that important here.” Or, “maybe it didn’t matter if the car hadn’t failed.”
Same questions. Completely different message. If you put your worst facts first, you may eliminate plenty of jurors who would have been good for you if only they had some context.
If comparative fault is a secondary issue, it should feel secondary in the way you sequence it.
You’re not just gathering information in voir dire: you’re setting themes early on and building a framework for how jurors will process everything that comes after. Just like in opening and the rest of trial, order matters.
jurorproof 