After a verdict is returned, a party may request that jurors be polled individually. If polling reveals a lack of the required concurrence, the court may direct further deliberation or declare a mistrial.
The request must be made before the jury is discharged.
Alternative Names:
Jury Poll, Polling
Why it Matters?
The timing requirement is absolute, since the right is lost once the jury is discharged and cannot be revived. That makes the request a reflexive step for a losing party rather than a decision to weigh. Polling occasionally reveals a juror who did not actually agree, particularly after prolonged deliberation, which produces either further deliberation or a mistrial.
Frequently Confused with
Related terms
Frequently asked questions
When must polling be requested?
What does polling reveal?
