Voir dire is preliminary questioning to decide whether someone is qualified to serve as a juror or give certain testimony. During jury selection, the judge and attorneys ask prospective jurors about possible bias and their ability to be fair. The term also applies to questioning a witness about their qualifications, especially before they testify as an expert.

In California Family Law

Divorce, custody, and support trials are generally decided by a judge rather than a jury. In these cases, voir dire usually comes up when an attorney questions a proposed expert witness about their knowledge, training, education, or experience.

For example, if an accountant will give an opinion about the value of a spouse’s business, the other attorney may ask about the accountant’s experience valuing similar businesses. These questions help the judge decide whether the witness is qualified to give that opinion.

Under Evidence Code § 720, an expert must have sufficient qualifications in the subject of their testimony. If a party objects, those qualifications must be established before the witness may testify as an expert. Accepting someone as an expert does not mean the judge must accept their conclusions.