Procedure in Civil Trials and on Appeal and Error (Under the Ohio Code)

Procedure in Civil Trials and on Appeal and Error (Under the Ohio Code)

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...1: . Barrett, 76 Va. I28. 59 38 Cyc. 1825. Sec. 664. Communications between jurors and counsel Counsel being oflieers of court are under greater responsibility not to converse with jurors about the case, as well as t0 Te' frain from social intercourse with them during trial. Conversations between counsel and jurors are not, of course, impr0P" but for counsel to have a private consultation with a juror Would be prejudicial.' 1 See 38 Cyc. 1827 where subject is treated. Sec. 665. Communications between jurors--How shown The law looks with much disfavor upon communications mflde by jurors to each other, and in some instances holds the jumrs guilty of misconduct, which will vitiate the verdict. T0 Sllb' stantiate their misconduct, however, it must be established 11P" testimony other than the afiidavits of the jurors themselves, as the general rule, founded upon grounds of public P1iy' does not permit the impeachment of the verdict up011 the am davits or depositions of the jurors themselves.' Included within this rule may be classed communications by jurors to their fellow members after their retirement for deliberation upon their verdict Youching matters within their own personal knowledge, and partaking of an evidential character affecting or bearing on the issues involved in the cause, contradictory or varying the testimony offered. This will furnish ground for a new trial if it cgtn be made satisfactorily to appear in any manner other than by the aflidavits of the jurors themselves.' It is hard to conceive, therefore, within the rule, how it can ever be shown that jurors have made improper communications to each other, as the law does not permit the secrecy of their deliberation to more

Product details

  • Paperback | 402 pages
  • 189 x 246 x 21mm | 717g
  • United States
  • English
  • black & white illustrations
  • 123685540X
  • 9781236855404