2. The issue of jury misconduct is complicated by the doctrine, recognized in most jurisdictions but enforced

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2. The issue of jury misconduct is complicated by the doctrine, recognized in most jurisdictions but enforced with varying strictness, that a jury verdict may not be impeached by evidence that comes from the jurors themselves. In Kilgore v. Greyhound Corp., 30 F.R.D.

385, 388 (E.D. Tenn. 1962), in which a juror conducted an unsupervised and unauthorized study of the accident scene and reported thereon to his fellow jurors, it was said:

Any time a new trial is sought on the basis of the misconduct of a juror, or the receipt and consideration by a jury of improper evidence which may have had prejudicial effect on the jurors, the Court is forced to choose between the possibility that a party litigant may have been done an injustice, and, on the other hand, the possibility that the Court will inflict a public injury which will result if jurors are permitted to testify regarding what happened in the jury room.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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