VOIR - An old French word, which signifies
the same as the modern word vrai, true. Voir dire, to
speak truly, to tell the truth.
When a witness is supposed to have an interest in the
cause, the party against whom he is called has the choice
to prove such interest by calling another witness to
that fact, or be may require the witness produced to
be sworn on his voir dire as to whether he has an interest
in the cause, or not, but the party against whom he
is called will not be allowed to have recourse to both
methods to prove the witness interest. If the witness
answers he has no interest, he is competent, his oath
being conclusive; if he swears he has an interest, he
will be rejected.
Though this is the rule established beyond the power
of the courts to change, it seems not very satisfactory.
The witness is sworn on his voir dire to ascertain whether
he has an interest, which would disqualify him, because
he would be tempted to perjure himself, if he testified
when interested. But when he is asked whether he has
such an interest, if he is dishonest and anxious to
be sworn in the case, he will swear falsely he has none,
and his answer being conclusive, he will be admitted
as competent; if, on the contrary, he swears truly he
has an interest, when he knows that will exclude him,
he is told that for being thus honest, he must be rejected.
VOIR DIRE - Fr. "to speak the truth." The
process of interviewing prospective jurors. Pronounced
"vwa dear." The process by which judges and
lawyers select a petit jury from among those eligible
to serve, by questioning them to determine knowledge
of the facts of the case and a willingness to decide
the case only on the evidence presented in court.
