What is the test for accessing juror identifying information in a civil case?

California, United States of America


The following excerpt is from People v. Ortiz, B230181 (Cal. App. 2012):

We review a trial court's denial of a Code of Civil Procedure section 237 petition for access to personal juror identifying information under the deferential abuse of discretion standard. (People v. Carrasco (2008) 163 Cal.App.4th 978, 991.)

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Pursuant to Code of Civil Procedure section 237, "a defendant or defendant's counsel may . . . petition the court for access to personal juror identifying information within the court's records necessary for the defendant to communicate with jurors for the purpose of developing a motion for new trial or any other lawful purpose." (Code Civ. Proc., 206, subd. (g).) "The petition shall be supported by a declaration that includes facts sufficient to establish good cause for the release of the juror's personal identifying information." (Code Civ. Proc., 237, subd. (b).) A defendant establishes good cause for the release of such information by "set[ting] forth a sufficient showing to support a reasonable belief that jury misconduct occurred." (People v. Rhodes (1989) 212 Cal.App.3d 541, 552.) The alleged misconduct must be "'of such a character as is likely to have influenced the verdict improperly.'" (People v. Jefflo (1998) 63 Cal.App.4th 1314, 1322, quoting Evid. Code, 1150, subd. (a).)

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