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Declaration of Jury Misconduct Inferably Lacks Credibility

Sep 17, 2026

The Court of Appeal for this district has held that where the uncontradicted declaration of a juror told of persistent misconduct on the part of some other members of the panel during deliberations, and the judge made no findings with respect to the allegations in denying a motion for a new trial, it must be assumed that the account was determined to lack credibility, requiring an affirmance of the judgment for the plaintiff.