Can a verdict be vacated on a motion for a new trial because of juror misconduct?

California, United States of America


The following excerpt is from Madrid v. City of L.A., B235836 (Cal. App. 2013):

"A verdict may be vacated, in whole or in part, on a motion for a new trial because of juror misconduct that materially affected the substantial rights of a party. (Code Civ. Proc., 657, subd. (2).) A party moving for a new trial on the ground of juror misconduct must establish both that the misconduct occurred and that the misconduct was prejudicial. [Citations.] One form of juror misconduct is a juror's concealment of relevant facts or giving of false answers during a voir dire examination. [Citations.]" (Ovando v. County of Los Angeles (2008) 159 Cal.App.4th 42, 57.)

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