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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