What is the test for excusing a juror from a jury in a civil case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Parker, 903 F.2d 91 (2nd Cir. 1990):

It is the responsibility of the trial judge to provide the jury with sufficient instruction to enable it to assess the evidence within the proper legal framework and to reach a rational verdict. The trial judge is in the best position to sense whether the jury is able to proceed properly with its deliberations, and he has considerable discretion in determining how to respond to communications indicating that the jury is experiencing confusion. See, e.g., United States v. Read, 658 F.2d 1225, 1241-42 (7th Cir.1981). Communications indicating an individual juror's disagreement with his fellow jurors and his frustration with the deliberation process neither require that a mistrial be ordered, see id., nor require that the juror be excused, cf. United States v. Casamento, 887 F.2d 1141, 1187 (2d Cir.1989) (court had discretion whether or not to excuse juror whose daughter had received threatening message), cert. denied,

Page 102

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