Can a juror's affidavit be impeached?
California, United States of America
The following excerpt is from Nodal v. Cal-West Rain, Inc., 249 Cal.Rptr.3d 823, 37 Cal.App.5th 607 (Cal. App. 2019):
On review, we defer to the trial court's factual findings and independently determine whether the juror misconduct was prejudicial. ( Vomaska v. City of San Diego (1997) 55 Cal.App.4th 905, 912, 64 Cal.Rptr.2d 492.) "Juror affidavits may be used to impeach a verdict if they refer to objectively ascertainable statements, conduct, conditions or events, but not subjective reasoning processes of jurors, which are likely to have influenced the verdict improperly. [Citations.]" ( Id. at p. 910, 64 Cal.Rptr.2d 492.)
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