Section 3.23 Intentional and Unintentional Concealment

• Library: App Ct Prac 2015 Supp

F. (§3.23) Intentional and Unintentional Concealment

Intentional concealment by a juror of matters that could have an effect on the verdict usually warrants a new trial. On the other hand, unintentional concealment does not usually mandate a new trial. The determination of whether concealment is intentional or unintentional is left to the sound discretion of the trial court, and its ruling will not be disturbed on appeal absent an abuse of discretion. Williams ex rel. Wilford v. Barnes Hosp., 736 S.W.2d 33, 36 (Mo. banc 1987); Alcorn v. Union Pac. R.R. Co., 50 S.W.3d 226, 247 (Mo. banc 2001).

The issue of juror concealment usually arises with regard to preparation of juror questionnaires or responses (or lack thereof) to voir dire questions. It is the duty of a juror on voir dire to fully, fairly, and truthfully answer all questions so...