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Carr v. Smith6/29/2000
ttorneys to view the questionnaires but before bringing the jury panel into the courtroom and before instructing the jury panel. A civil trial judge has no less discretion in conducting voir dire than do his or her brethren on criminal benches. I would hold, as did the Garza court, that voir dire in civil cases, as in criminal cases, does not begin merely because the parties or their attorneys have viewed jury questionnaires, but begins after the trial court has seated the jury panel in order in the courtroom; has instructed, qualified, and sworn the jury panel; and has instructed the plaintiff to begin the voir dire examination. Thus, I would hold that the trial judge did not abuse his discretion in granting the request for a shuffle. For these reasons, I respectfully dissent to the majority's thorough and scholarly opinion.
LEE ANN DAUPHINOT, JUSTICE
PUBLISH
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