Can a new trial be granted in a civil case where a jury member has been found guilty of misconduct by reason of failing to attend the trial?
California, United States of America
The following excerpt is from Smoketree-Lake Murray, Ltd. v. Mills Concrete Construction Co., 234 Cal.App.3d 1724, 286 Cal.Rptr. 435 (Cal. App. 1991):
Code of Civil Procedure section 657 provides "a new trial may be granted where the substantial rights of a party are materially affected by misconduct or irregularity in the proceedings of the jury." (Tapia v. Barker (1984) 160 Cal.App.3d 761, 765, 206 Cal.Rptr. 803.)
Under Evidence Code section 1150, subdivision (a),
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