How does jury selection and voir dire work in a Georgia injury trial?

· 3 min read

Jury selection is the process of choosing, from a larger group of summoned citizens, the panel that will actually hear the case. The heart of it is voir dire, the questioning of prospective jurors to uncover bias and decide who will serve. In a Georgia injury trial, this is where both sides probe attitudes and experiences that might affect how a juror views the dispute.

What voir dire is for

“Voir dire” refers to the examination of potential jurors before they are seated. The lawyers, and sometimes the judge, question the prospective jurors about their backgrounds, beliefs, and any connections to the parties, the events, or the type of claim. The purpose is to identify jurors who cannot be fair, such as someone with a personal stake, a close relationship to a party, or fixed opinions about injury lawsuits.

The questioning lets each side learn enough to exercise its challenges intelligently. Questions might explore a prospective juror’s own experience with accidents or claims, views about awarding damages, or any reason they could not weigh the evidence impartially.

Striking jurors: two kinds of challenges

Lawyers remove prospective jurors through challenges, which come in two forms:

  • A challenge for cause asks the court to excuse a juror for a specific reason, such as demonstrated bias or an inability to be impartial. There is no fixed limit on these; the judge decides whether the cause is sufficient.
  • A peremptory challenge lets a party strike a juror without stating a reason, subject to limits. In a Georgia civil case the peremptory strikes are exercised against a qualified panel under O.C.G.A. § 15-12-122, and they cannot be used to discriminate on improper grounds like race or sex.

By using these challenges, the parties shape the final panel from the larger group that was questioned.

Reaching the final panel

Under O.C.G.A. § 15-12-122, each party in a Georgia civil case may demand a full panel of qualified jurors, and the parties then strike alternately, with the plaintiff striking first. In state court the panel is 12 and the parties strike down to a jury of 6, though a party may demand a 12-person jury when the damages claimed exceed $25,000. In superior court the panel is 24 and the strikes produce a jury of 12. The striking continues until the jury, and any alternates, are seated, after which they are sworn and the trial begins.

The bottom line

Jury selection in a Georgia injury trial works through voir dire, the questioning of prospective jurors to expose bias, followed by the use of challenges for cause and a limited number of peremptory strikes to remove unsuitable jurors. The parties strike alternately until the panel is complete, producing the group of citizens who will decide responsibility and any damages.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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