Legal Question in Civil Litigation in California
I'm currently on jury duty in Los Angeles, Ca for a class action lawsuit. The case started at the end of July '09. The plaintiff's attorney's are still presenting their case with the defense to follow. Most of the juror's and myself are anxious to get the trial over. Since the evidence presented so far leans overwhelmingly toward the defense and since you need a preponderance of the evidence to render a judgement in a civil trial, is there anything in the law that allows a jury to render a verdict before the remaining testimony concludes?
If not, is there anyway I can get off the case?
Thank you.
1 Answer from Attorneys
The jury can't just pre-emptively decide a case. Since the jurors are not supposed to even discuss the evidence with each other until the judge tells them to begin deliberating, there is no way a jury could properly find out if they agree on the outcome at an earlier stage.
My sense is that you have committed juror misconduct by asking this question and by revealing how you perceive the evidence. If you and the other jurors have discussed the evidence then the misconduct is widespread. But even if you are the only one who has done anything wrong, you should tell the judge what you have done. (Don't just blurt anything out in court. Instead, tell the clerk or bailiff that you need to speak with the judge. He will arrange a conference with the lawyers present.)
The parties are entitled to jurors who follow the judge's instructions, and those instructions *always* forbid the jurors to discuss the case with anyone while it is in progress.
The judge may have some harsh words for you, but you shouldn't get into any trouble. Concealing your actions would be worse than revealing them and I think the judge will realize this. Of course, I'm not guaranteeing anything.
After considering all of the facts, the judge may even decide you haven't done anything wrong. My sense, however, is that you will be dismissed from the jury.
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