What is the test for good cause in a motion for disclosure of a juror's personal information?

California, United States of America


The following excerpt is from People v. Perez, B255893 (Cal. App. 2016):

any other lawful purpose.'" (People v. Carrasco (2008) 163 Cal.App.4th 978, 989.) "Code of Civil Procedure section 237, subdivision (b) provides that '[t]he 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.' Absent a showing of good cause for the release of the information, the public interest in the integrity of the jury system and the jurors' right to privacy outweighs the defendant's interest in disclosure. [Citations.]" (People v. McNally (2015) 236 Cal.App.4th 1419, 1430.) "The statutory provisions clearly indicate an intent to restrict the defendant from receiving juror personal information unless necessary." (People v. Granish (1996) 41 Cal.App.4th 1117, 1128.)

"Good cause, in the context of a petition for disclosure to support a motion for a new trial based on juror misconduct, requires 'a sufficient showing to support a reasonable belief that jury misconduct occurred . . . .' [Citations.] Good cause does not exist where the allegations of jury misconduct are speculative, conclusory, vague, or unsupported. [Citation.] We review the denial of a petition for disclosure for an abuse of discretion. [Citations.]" (People v. Cook (2015) 236 Cal.App.4th 341, 345-346.)

Other Questions


Is there good cause for disclosure of juror information to support a motion for new trial based on juror misconduct? (California, United States of America)
Can a defendant request access to jurors' personal identifying information to communicate with jurors for the purpose of developing a motion for new trial? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
How have courts interpreted attorney-client privilege in cases involving personal information disclosure in a personal injury case? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
What is the legal test for a motion to compel disclosure of juror identifying information? (California, United States of America)
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror? (California, United States of America)
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror? (California, United States of America)
Does the delay in seeking juror information from the trial attorney's delay in obtaining the juror's information constitute inadequate assistance of counsel? (California, United States of America)
Does an affidavit in support of a motion for disclosure of a confidential informant's identity need to be made on information and belief? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.