Issue: Under Iowa law, when will a new trial be granted for ‘juror misconduct?’
|Area of Law:||Litigation & Procedure|
|Keywords:||New trial; Jury misconduct|
|Cited Cases:||563 N.W.2d 635; 829 N.W.2d 190|
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)).