Mastering the New Voir Dire: Navigating Maryland’s Expanded Jury Selection

Change is inevitable. Getting blindsided by change doesn’t have to be.

One significant recent change affects jury selection rules — an important factor in any medical malpractice case. Below, we break down what these new rules mean and how they might impact malpractice trials.

Maryland’s Expanded Voir Dire Pilot Program, operational from January to June 2025 in several counties, introduces significant changes aimed at enhancing fairness and transparency in jury selection. The following are key changes within the pilot program:

1. Traditional voir dire with additional questions posed to jurors by the attorneys. This approach helps identify potential biases, particularly those concerning healthcare and malpractice issues, and aims to assist in making informed peremptory challenges;
   
2. Individual juror voir dire allows for questions to be asked in confidence and so that attorneys may uncover biases that may not surface in a group setting;
   
3. Attorney-led voir dire will enable attorneys to directly ask detailed and probing questions;
   
4. Written questionnaires will take place ahead of voir dire, allowing for an early opportunity to assess opinions on key issues and streamlining the jury process;
   
5. Limited opening remarks will be allowed to provide context to jurors and allow for more meaningful responses.

The expanded voir dire sets the stage for more targeted and meaningful juror responses. It aims to offer defense attorneys enhanced capabilities to detect biases and challenge biased jurors, deeper insight into juror impartiality, transparency, and a greater chance to select a fair jury, potentially leading to more favorable trial outcomes.

However, this thoroughness comes with its own set of challenges. The process may extend jury selection, potentially increasing costs and leading to trial delays. Moreover, a diverse jury pool may introduce unpredictability and in-depth questioning may lead to uncomfortable disclosures, potentially resulting in juror removals that don’t always benefit the defense.

While the pilot program presents new tools for improving jury selection and promises a fairer trial process, its success will depend on how well attorneys adapt to and manage these changes. At Waranch & Brown, we understand that staying ahead of legal changes is crucial for protecting physicians and healthcare providers from liability. That’s why we closely monitor updates to Maryland law to ensure our defense strategies remain strong. This ensures that we are prepared to leverage these new opportunities while carefully navigating any challenges to ensure a balanced and effective approach.

For more insights or assistance on navigating the expanded voir dire process, contact our experienced attorneys today.