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Am I Entitled to Interview the Jurors After a West Palm Beach Probate Trial?

Uncategorized Nov 4, 2015
post about Am I Entitled to Interview the Jurors After a West Palm Beach Probate Trial?

Have you just received an unfavourable jury verdict in West Palm Beach?  You may be entitled to interview the jurors after the probate trial. Do you know how to get the Court to let you interview the jurors? Check out this recent appeal from the Third District Court of Appeal to learn how to get the court to let you interview the jurors in West Palm Beach.

Post-Trial Interactions With Jurors

  • There are a few things you can do with jurors after the case is closed.
  • The more common approach is to poll the jurors. 
  • When the probate lawyer asks for this he is asking that the Court ask each individual juror if “the verdict” is “their verdict.”
  • You do not get into specific details though.
  • Another more intrusive and less common option is the so called “juror interview.”
  • Do you know how interview the jurors?
  • The Courts in West Palm Beach have routinely held that post trial interviews should be disfavored and only allowed in rare instances.
  • But what counts as a rare instance?
  • You are going to have to move the Court for a post-verdict interview through a sworn motion.
  • Do you understand the difference between a regular and sworn motion?
  • You also have to make allegations that if true would change the verdict in the case and/or require a new trial.
  • Check out this recent case out of the Third District Court of Appeal to learn more.

Penalver v. Masomere

  • This was an appeal from a medical malpractice action in Miami-Dade County.
  • The plaintiff in the underlying case had requested juror interviews regarding their past involvement in litigation.
  • The trial court noted that they could not meet the high burden of proving that whatever discovered would require a new trial.
  • Do you agree?
  • Does the jury’s prior involvement in litigation mean they are going to look at your case differently?
  • Some would definitely say so.
  • Do you think you have a legitimate claim for juror interviews?
  • Talk to an experienced Palm Beach probate litigator today to learn more.

Want to learn more on your own?

Check out the entire case by clicking here.