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Agree. Fed Rule 606(b) and Section 657 of Civil Code Procedure | 871 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Agree. Fed Rule 606(b) and Section 657 of Civil Code Procedure

Authored by: Anonymous on Sunday, August 26 2012 @ 05:39 PM EDT

The verdict may be vacated or modified, in whole or in part
if the petitioner files promptly an appeal in good order
citing specific grounds - or moves for a new trial - such as
item 5 of section 657 of the the Code of Civil procedure :
Excessive or inadequate damages patently not justified by
the evidence.

Federal Rule of Evidence 606(b) and its appellate review
over several cases would seem to affirm the consistent bar
of impeaching a verdict by the affidavit of any
participating juror, not withstanding certain exceptions
such as: arriving at the verdict by lot or the alteration of
deliberations due to the introduction of *outside* influence
or materials not in evidence. Even If the foreman or
majority were to browbeat a concensus from any objectors the
verdict would stand.

So juror statements post facto that they disregarded the
Judge's instructions would be disallowed.

[ Reply to This | Parent | # ]

Justice? - Authored by: Anonymous on Monday, August 27 2012 @ 12:22 PM EDT
- Indeed, the very question appellate judges ... - Authored by: Anonymous on Monday, August 27 2012 @ 06:00 PM EDT

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