Voir dire (/ˈvwɑːr dɪər/; often /vɔɪr daɪər/; from an Anglo-Norman phrase meaning “speak the truth”) is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth (Latin: verum dicere).[1]
Use in Commonwealth countries, Ireland and Hong Kong[edit]
In the United Kingdom (except Scotland), Cyprus, Hong Kong, Ireland, Australia, New Zealand, Papua New Guinea and Canada, it refers to a “trial within a trial”. It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror.[7] As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury may be removed from the court for the voir dire.
The term has thus been broadened in Australian jurisdictions to include any hearing during a trial where the jury is removed. The High Court of Australia has noted that the voir dire is an appropriate forum for the trial judge to reprimand counsel or for counsel to make submissions as to the running of the court to the trial judge.[8]