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Juror Voir Dire

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How Jury Consultants Analyze Nonverbal Cues

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People are often advised to don a “poker face” when entering a court of law. The thinking is that suppressing overt reactions is a way of showing one’s objectivity....more

Holland & Hart - Your Trial Message

Account for the Transformation of Your Jurors

Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the...more

Marshall Dennehey

Change is in the Air: A Shift in Pennsylvania Judge’s Role in Jury Selection Effective April 1, 2025

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Key Points: Effective April 1, 2025, the Supreme Court of Pennsylvania has amended Pa.R.C.P. 220.3, pertaining to voir dire of jurors....more

Holland & Hart - Your Trial Message

Know When to Go Easy on Hardship

Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more

Holland & Hart - Your Trial Message

Account for the New Low in What Jurors Think of Health Insurers

In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after...more

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more

Holland & Hart - Your Trial Message

Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more

IMS Legal Strategies

Overcoming Reptile Dysfunction At Trial, Part 3: Core Values Of The Brain

IMS Legal Strategies on

This is the third in a series of articles presenting the "Theory of Core Values" as an explanation of how jurors reach their verdicts. I developed this theory over the past 40 years as a trial lawyer, law school professor,...more

IMS Legal Strategies

Defending Against Courtroom Conspiracies Through Storytelling

IMS Legal Strategies on

Misinformation "poses an unprecedented threat in 2024," according to NBC News. No matter which side of the many social divides someone stands on, they can find a readily available source to support their opinion—and a...more

Holland & Knight LLP

Openings of Openings

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more

Holland & Knight LLP

Why Demonstrative Aids Are Critical in Every Case

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses why demonstrative aids are critical in every case. Mr. Small shares why he believes simple demonstratives, when...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Hart - Your Trial Message

Voir Dire: Before You Ask ”Can You Be Fair?” Know What You Want the Answer to Be

The court’s purpose in voir dire is to use the time to identify and eliminate those jurors who would have the hardest time giving the case a fair hearing. But layered onto that purpose is the advocate’s goal of working toward...more

Holland & Hart - Your Trial Message

False Promises: Answer the Plaintiff’s Damages “Pre-Commitments” in Voir Dire

It is a common step in the plaintiff’s voir dire: Ms. Smith, if you are selected for this jury, and if the evidence proves to you that the damages to my client justify a high figure, like ten million dollars, would you...more

IMS Legal Strategies

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

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As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for...more

IMS Legal Strategies

What to Include in a Supplemental Juror Questionnaire (SJQ)

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Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

IMS Legal Strategies

Using Jury Research to Benefit Your Case Story & Strategy

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As most litigators know, jurors’ attitudes and opinions often influence how they filter the facts of a case. It is through these lenses that jurors develop their perceptions of the parties and their corresponding motives,...more

IMS Legal Strategies

The Reptile Brain Strategy: Why Lawyers Use It and How to Counter It

IMS Legal Strategies on

Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more

Holland & Hart - Your Trial Message

Embrace the Power of “You might be thinking…”

A seasoned trial lawyer stands in front of the jury, previews the critical argument, and then, making knowing eye contact with the jury, adds, “Now, you might be thinking…” before spelling out and then responding to a key...more

Holland & Hart - Your Trial Message

Avoid Social Desirability Bias in Voir Dire: Six Tips

Imagine you’re currently a citizen of the Russian Federation. The telephone rings, and the person on the other end of the line identifies themselves as a public opinion researcher, and they’re conducting a poll. “How do you...more

Holland & Hart - Your Trial Message

Liberal and Conservative Jurors: Account for Different Moral Systems

When a juror looks at an act and declares it to be bad or good, where is that coming from? Well, hopefully, it is coming from the evidence. But inevitably, it is also coming from that juror’s own habits of moral judgment. And...more

Holland & Hart - Your Trial Message

Be Tactical in Jury Selection

The voir dire process has got to be one of the most complex, information-rich, and high-stakes communication settings. To someone unfamiliar with the rituals, it won’t always be clear what is going on or why. For new...more

Holland & Hart - Your Trial Message

Use Jurors’ Availability Bias

How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more

Holland & Hart - Your Trial Message

(Sometimes) Reinforce a Higher Threshold for Cause Challenges

As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more

Holland & Hart - Your Trial Message

See the Social Roots of Bias

At the voir dire stage of a jury trial, the word “bias” gets used a lot. But do we really know what it means? The courts, in practice at least, hew to a simple meaning: If a potential juror admits to bias, that means they...more

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