Jury selection is the process in which the parties to a lawsuit—usually through their attorneys—ask questions of potential jurors seated in the courtroom (the jury panel or venire panel). Parties to a lawsuit—usually acting through their attorneys—may strike some potential jurors without stating a reason (peremptory strikes), and may ask the court to strike other potential jurors on the grounds the potential juror is biased, cannot be fair, or cannot follow the law—known as a strike for cause, challenge for cause, or removal for cause.
In Texas, jury selection is a critical phase of the trial process where attorneys from both sides participate in choosing jurors who will decide the case. This process begins with a pool of potential jurors, known as the venire panel. During voir dire, attorneys question these individuals to assess their suitability for jury service in the specific case. Attorneys have the right to request the removal of potential jurors through two primary methods: peremptory strikes and strikes for cause. Peremptory strikes allow attorneys to remove a certain number of potential jurors without providing a reason, although such strikes cannot be used in a discriminatory manner (e.g., based on race or gender). Strikes for cause, on the other hand, require attorneys to provide a valid reason for why a potential juror should be excluded, such as evidence of bias, inability to be fair, or inability to follow the law. The judge will decide whether to grant the strike for cause. Texas law and procedures govern the specifics of how many peremptory strikes are allowed and the standards for challenges for cause.
