Chapter 9 - 9.2 Objections To Juror Misconduct

• Jurisdiction: Virginia

9.2 OBJECTIONS TO JUROR MISCONDUCT

9.201 Showing of Prejudice. There is a presumption of prejudice when jurors are exposed to information from external sources. To raise this objection successfully, a party must show first that an extraneous contact with or by a member of the jury took place and, second, that the contact related to the matter the jury was chosen to decide. The presumption of prejudice is not conclusive; when a showing of prejudice is made, the burden shifts to the opposing party to prove that the alleged contact was harmless.²

Examples from cases in which prejudice was shown include (i) comments made to jurors by a third party regarding the case³ and (ii) a juror who gave the rest of the panel information from an outside source that affected the decision in the case.⁴

9.202 Juror Affidavits or Testimony. The difficulty of presenting the initial proof can be a major hurdle in successfully objecting to these types of errors. Jurors traditionally are not permitted to testify either to impeach or support their verdict. This common law dictum is enforced by rule in the federal courts.⁵ Nevertheless, jurors are the only ones with the personal knowledge to show that this type of misconduct has occurred. Collecting this evidence...