California, United States of America
The following excerpt is from Menera v. Mega R.V. Corp., A149247 (Cal. App. 2018):
" 'The moving party bears the burden of establishing juror misconduct.' " (Barboni v. Tuomi (2012) 210 Cal.App.4th 340, 345.) When a party seeks a new trial based on jury misconduct, the trial court determines: (1) whether the evidence of misconduct is admissible; (2) if the evidence is admissible, whether the facts establish misconduct; and (3) whether any misconduct is prejudicial. (Ibid.) We review the admissibility of juror declarations for abuse of discretion, and the misconduct determination for substantial evidence. (Ibid.) We review the entire record to independently determine whether the misconduct was prejudicial. (Ibid.)
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