Misconduct includes independent investigation, outside communications, concealment during voir dire, and consideration of extraneous information. Rule 606(b) bars juror testimony about deliberations except regarding extraneous information, outside influence, and verdict form mistakes.
The no-impeachment rule limits available proof.
Alternative Names:
Motion Based on Juror Misconduct, Jury Misconduct Challenge
Why it Matters?
Rule 606(b) is what defeats most of these motions, since jurors cannot testify about their deliberative process and the exceptions are narrow. Independent internet research by a juror falls within the extraneous information exception and is the most viable ground, particularly where the juror shared findings with the panel. The Supreme Court has also recognized a constitutional exception for racial bias in criminal cases.
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Frequently asked questions
Why do most juror misconduct motions fail?
What is the most viable ground?
