Legal Memorandum: Granting a New Trial for Jury Misconduct

Issue: Under Iowa law, when will a new trial be granted for ‘juror misconduct?’

Area of Law: Litigation & Procedure
Keywords: New trial; Jury misconduct
Jurisdiction: Iowa
Cited Cases: 563 N.W.2d 635; 829 N.W.2d 190
Cited Statutes: 1.1004(2)
Date: 01/01/2015

To obtain a new trial based on allegations of jury misconduct under 1.1004 TA s "1.1004" (2), the moving party must establish:

(1) evidence from the juror must consist only of objective facts concerning what actually occurred in or out of the jury room bearing on misconduct; (2) the acts or statements complained of must exceed tolerable bounds of jury deliberations; and (3) it must appear the misconduct was calculated to, and with reasonable probability did, influence the verdict.

Turner TA s "Turner"  v. Fransen, 829 N.W.2d 190 (Iowa Ct. App. 2013) (quoting Ray v. Paul, 563 N.W.2d 635, 639 (Iowa Ct. App. 1997)).


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