California Code of Civil Procedure

eBook
Part 1 Of Courts of Justice
TITLE 3.  PERSONS SPECIALLY INVESTED
WITH POWERS OF A JUDICIAL NATURE
Chapter 1. 
Trial Jury Selection  and Management Act
Sections  190-237

Chapter 1 Trial Jury Selection  and Management Act
Sections 190-237
 

CODE OF CIVIL PROCEDURE
SECTION 222.5

222.5.  To select a fair and impartial jury in civil jury trials,
the trial judge shall examine the prospective jurors.  Upon
completion of the judge's initial examination, counsel for each party
shall have the right to examine, by oral and direct questioning, any
of the prospective jurors in order to enable counsel to
intelligently exercise both peremptory challenges and challenges for
cause.  During any examination conducted by counsel for the parties,
the trial judge should permit liberal and probing examination
calculated to discover bias or prejudice with regard to the
circumstances of the particular case.  The fact that a topic has been
included in the judge's examination should not preclude additional
nonrepetitive or nonduplicative questioning in the same area by
counsel.
   The scope of the examination conducted by counsel shall be within
reasonable limits prescribed by the trial judge in the judge's sound
discretion.  In exercising his or her sound discretion as to the form
and subject matter of voir dire questions, the trial judge should
consider, among other criteria, any unique or complex elements, legal
or factual, in the case and the individual responses or conduct of
jurors which may evince attitudes inconsistent with suitability to
serve as a fair and impartial juror in the particular case.  Specific
unreasonable or arbitrary time limits shall not be imposed.
   The trial judge should permit counsel to conduct voir dire
examination without requiring prior submission of the questions
unless a particular counsel engages in improper questioning.  For
purposes of this section, an "improper question" is any question
which, as its dominant purpose, attempts to precondition the
prospective jurors to a particular result, indoctrinate the jury, or
question the prospective jurors concerning the pleadings or the
applicable law.  A court should not arbitrarily or unreasonably
refuse to submit reasonable written questionnaires, the contents of
which are determined by the court in its sound discretion, when
requested by counsel.
   In civil cases, the court may, upon stipulation by counsel for all
the parties appearing in the action, permit counsel to examine the
prospective jurors outside a judge's presence.

 

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