How have the courts dealt with a discrepancy between the written and oral verdict of a jury in a civil case?

California, United States of America


The following excerpt is from People v. Mendoza, B266337 (Cal. App. 2017):

First, Mendoza forfeited any claim of error arising from the discrepancy. After the clerk finished reading the verdict on the final count, the court asked Mendoza's counsel if he wanted the jury polled, and he said he did. In response to the court's question to each juror, "Are these your verdicts?" the court received 12 "yes" votes. The jurors were thanked and released without any objection from Mendoza's counsel. If there was uncertainty between the oral and written verdict, Mendoza had the chance to raise it, but failed to do so. (See People v. Johnson (2015) 61 Cal.4th 734, 784 [the defendant had the opportunity to clarify any misunderstanding in the jury's verdict but failed to do so].)

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