Can a litigant who is seeking a new trial based on jury misconduct make an affidavit stating that he and his attorney did not know of the misconduct until after the jury rendered its verdict?
California, United States of America
The following excerpt is from Davidson v. Fish, B246694 (Cal. App. 2014):
A litigant moving for a new trial based on jury misconduct must file affidavits stating that the party and his attorney did not know of the misconduct until after the jury rendered its verdict ("no-knowledge" affidavits). (Weathers v. Kaiser Foundation Hospitals, supra, 5 Cal.3d at p. 103.) Under section 659a,11 such affidavits must be filed and served on other parties within 10 days of the filing of the notice of intention to move
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