Legal Question in Civil Litigation in California
My mother sat in the court to watch a case in which I am the plaintiff. When the jury was dismissed, she got up and held the door open for the jurors because she's nice like that. She spoke to some of them and said "hi" and "I'm the door person". Can the defense argue a mistrial? My lawyer says no and not to worry about it because the judge, while upset about it, let it go after explaining to my mother she should not have done that. I just need to make sure my mom doesn't stay upset about this because she thinks she might have blown it for me. Thank you.
2 Answers from Attorneys
Did the jurors know who your mother was? Even if no one formally identified her in their presence, they might have been able to infer the connection from the way she interacted with you, your lawyer, etc.
The other side can bring a motion for a mistrial, but it seems unlikely to succeed given what you have told us. If the defense feels disadvantaged, the court would be much more likely to simply instruct the jurors not to pay any attention to your mother than to scrap the entire trial. But there is no way I can rule out that risk.
As long as the judge did not admonish her in front of the jury. Juries are finicky, and they take cues from the judge. It is not a good idea to get caught brown nosing the jury.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
