What is the test for discharge of a jury in a personal injury case?

California, United States of America


The following excerpt is from People v. Espinoza, G046206 (Cal. App. 2013):

Nor do we need to consider this issue at great length. Section 1140 states: "Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree." The court, without coercing the jury, must exercise its discretion to determine whether there is a reasonable probability of agreement. (People v. Neufer (1994) 30 Cal.App.4th 244, 254.) The trial court has broad discretion in making this determination. ( 1140.)

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