Chapter 9-6 Embracery (Jury Tampering)

• Jurisdiction: United States

9-6 Embracery (Jury Tampering)

9-6:1 Overview

Embracery is an attempt to influence a jury corruptly to one side or the other.³¹ Like spoliation of evidence and civil perjury, embracery involves the improper conduct by a party or a witness within the context of an underlying lawsuit.³² In determining whether embracery has occurred, a juror may testify as to whether any outside influence was brought to bear on the jury.³³

9-6:1.1 Related Causes of Action

Spoliation of Evidence (Expressly Rejected in Texas), Perjury (Expressly Rejected in Texas)

MUST READ CASE

Trevino v. Ortega, 969 S.W.2d 950 (Tex. 1998)

9-6:2 Expressly Rejected in Texas

Although the Supreme Court of Texas has not expressly rejected the cause of action, the Court has assumed its invalidity in dicta.³⁴ When a litigant suspects another of engaging in embracery, it is likely that the claimant will be limited to pursuing sanctions in the underlying lawsuit.³⁵

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Notes:

^[31] Trevino v. Ortega, 969 S.W.2d 950, 953 (Tex. 1998) ((quoting Black's Law Dictionary 522 (6th ed.1990)).

^[32] Trevino v. Ortega, 969 S.W.2d 950, 953 (Tex. 1998).

^[33] Tex. R. Civ. P. 327.

^[34] Trevino v. Ortega, 969 S.W.2d 950, 953 (Tex. 1998).

^[35] See Trevino v. Ortega, 969 S.W.2d 950, 953 (Tex. 1998) (discussing sanctions for spoliation of evidence).