(a) Application This rule applies to all civil jury trials. (Subd (a) amended and lettered effective January 1, 2007; adopted as part of untitled subd effective January 1, 1949.)
Rule 3.1540.Examination of prospective jurors in civil cases
Division 15. Trial · Chapter 4. Jury Trials · Last amended 2013 · Last verified July 29, 2026
In one sentenceRule 3.1540 applies to every civil jury trial, directs the trial judge examining prospective jurors to follow the policies in the Standards of Judicial Administration, and requires the judge to let counsel submit additional questions for the judge to ask once the initial examination is finished.
Full Text of Rule 3.1540
(b) Examination of jurors by the trial judge In examining prospective jurors in civil cases, the judge should consider the policies and recommendations in standard 3.25 of the Standards of Judicial Administration. (Subd (b) amended effective January 1, 2013; adopted as part of untitled subd effective January 1, 1949; previously amended and lettered as subd (b) effective January 1, 2007.)
(c) Additional questions and examination by counsel On completion of the initial examination, the trial judge must permit counsel for each party that so requests to submit additional questions that the judge will put to the jurors. (Subd (c) amended effective January 1, 2013; adopted as part of untitled subd effective January 1, 1949; previously amended and lettered as subd (c) effective January 1, 2007.)
Plain-English Summary
Voir dire is the process of questioning prospective jurors to weed out anyone who cannot be fair to both sides. Rule 3.1540 sets the baseline for how that questioning works in civil cases across California, applying to every civil jury trial regardless of subject matter. The trial judge conducts the initial examination and is directed to look to the relevant Standards of Judicial Administration for guidance on how to run it.
Counsel do not lose their voice once the judge takes over the questioning. After the judge finishes the initial round, Rule 3.1540(c) requires the judge to let each side’s counsel submit further questions, which the judge then puts to the panel. That structure — judge-led questioning supplemented by attorney-submitted questions — is the default civil voir dire model outside the specialized expedited jury trial track, which has its own streamlined voir dire rule.
Frequently Asked Questions
Does a judge or the attorneys question jurors in a California civil trial?
Under Rule 3.1540, the trial judge conducts the initial examination of prospective jurors. Counsel for each party may then submit additional questions, which the judge asks the panel.
Does Rule 3.1540 apply to all civil jury trials in California?
Yes. Rule 3.1540(a) applies it to all civil jury trials, without limiting it to any particular case type.
Is jury examination different in an expedited jury trial?
Yes. Rule 3.1549 sets a separate, streamlined voir dire approach for expedited jury trials, encouraging a joint questionnaire to speed up jury selection.
Amendment History
Rule 3.1540 amended effective January 1, 2013; adopted as rule 228 effective January 1, 1949; previously amended effective January 1, 1972, January 1, 1974, January 1, 1975, January 1, 1988, January 1, 1990, June 6, 1990, and July 1, 1993; previously amended and renumbered as rule 3.1540 effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: voir dire rules California civil trialwho questions jurors in California civil caseCRC rule 3.1540