Voir Dire in Trucking/Auto Accident Cases - Nov. 1, 2013 Robert B. Hirschhorn, Esq. Jury and Trial Consultant Cathy Bennett & Associates 5+ Tips to Motivate Lips 1

OBJECTIVES OF VOIR DIRE Identify potentially unfavorable jurors Have the jurors admit to a leaning or prejudgment, what the law calls a “bias or prejudice” Compton v. Henrie, 364 SW2d 179 (Tx.1963) But See, Cortez v. HCCI, 159 SW 3d 87 (Tex. 2005) Hyundai Motor Co. v. Vasquez, 189 SW3d 743 (Tex. 2006) In Re Hill, 334 SW 3d 226 (Tex. 2011) BNSF v. Wipff, __SW3d __, (decided 8/8/13, Ft. Worth Court of Appeals) [shuffle] KJ v. USA Water Polo, 383 SW3d 593 (14 th Dist. App. 2012) Lock the jurors into the “Cortez” Coffin Learn what feelings or opinions the remaining jurors have about the key issues in your case Have more jurors excused for Cause Intelligently exercise peremptory strikes End up with a favorable jury Obtain GREAT verdicts (and be the Appellee)

Inside the Courtroom 3

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10 TIPS TO MOTIVATE LIPS 1. SHORT QUESTIONNAIRES ARE ACCEPTED AND USED BY MANY STATE COURT JUDGES 5

10 TIPS TO MOTIVATE LIPS 1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS 2. SELF DISCLOSURE 6

10 TIPS TO MOTIVATE LIPS 1. SHORT QUESTIONNAIRES ARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 7

VOIR DIRE TWO TYPES OF BIAS: UPBRINGING LIFE EXPERIENCE 8

9 A “FAIR AND IMPARTIAL” JURY

10 TIPS TO MOTIVATE LIPS 1 SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED-ENDED, OPEN-ENDED AND SCALED 10

CLOSED-ENDED QUESTION Does anyone on the jury panel have such strong feelings about truck drivers or trucking companies that it would affect your ability to be a fair and impartial juror? 11

OPEN-ENDED QUESTION What was your feelings or opinions about truck drivers or trucking companies? 12

SCALED QUESTION (Elimination) How strongly do you agree or disagree with the following statement: In a case involving an accident with a 18 Wheeler, I would start the trial favoring the plaintiff (the party who is suing) Strongly Agree Neutral Strongly Disagree 13

SCALED QUESTION (Elimination) What number best describes your feelings or opinions about truck drivers: Very Neutral Very Negative Positive 14

SCALED QUESTION (Education) How strongly do you agree or disagree with the following statement: In a case involving injuries caused by a trucking accident, I would start the trial completely neutral and would favor neither side Strongly Disagree Neutral Strongly Agree 15

BURDEN OF PROOF NOT MET ( Education ) How strongly do you agree or disagree with the following statement: If at the end of the trial, I believed that the plaintiff proved their case by a preponderance of the evidence, my verdict would be for the plaintiff Strongly Disagree Neutral Strongly Agree 16

10 TIPS TO MOTIVATE LIPS 1 SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED 4a. TRACKING CHART 17

SCALED QUESTION CHART # SCALED QUESTION # SCALED QUESTION A TRUCK DRIVERS D B NEUTRAL E C DAMAGES F 18 # A B C T # A B C T

10 TIPS TO MOTIVATE LIPS 1. SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED 5. LISTENING IS AN ACTIVE SKILL 19

10 TIPS TO MOTIVATE LIPS 1. SHORT QUESTIONNAIRESARE USED IN MANY COURTS 2. SELF DISCLOSURE 3. DON’T BE JUDGMENTAL AND JURORS WILL ADMIT THEIR BIAS 4. THREE TYPES OF QUESTIONS – CLOSED, OPEN AND SCALED 5. LISTENING IS AN ACTIVE SKILL 5A. BELIEVE IN YOUR CASE, BELIEVE IN YOUR JURY AND BELIEVE YOUR FAMILY 20

5+ TIPS TO MOTIVATE LIPS CONTACT INFORMATION CATHY BENNETT & ASSOCIATES 217 S. STEMMONS, SUITE 203 LEWISVILLE, TX (972) 434 – 5879 WEB PAGE – - Request Materials – 21