What does it mean to “voir dire” the witness, and why should an advocate do so?
Witnesses are used to introduce evidence. There are times when the opposing party will be uncertain as to whether to object to the admission of the evidence. In such a case, the advocate might want to request of the arbitrator the right to voir dire the witness. Technically, the purpose of a voir dire is to conduct a preliminary examination to test the competence of a witness or the evidence. For example, if a witness is being asked to provide information as to what went on at a certain meeting, the opposing advocate might want to voir dire and determine whether the witness was present during the meeting or what portion of the meeting the witness attended. This will allow the advocate to know whether or not to raise an objection to the testimony. The words frequently used by an advocate to request the right of voir dire usually goes something like this: “Mr.
