On Dec. 8, the Supreme Court unanimously held that evidence of juror statements in the jury room cannot be used to impeach the validity of the jury’s verdict. CCL had filed an amicus curiae brief in the case on behalf of the American Association for Justice, urging precisely that result.

In Warger v. Shauers, No. 13-517, a vehicle accident case that resulted in a verdict for the defense, the plaintiff moved for a new trial, asserting that the jury foreperson had falsely stated during voir dire that she would base her verdict solely on the evidence. Plaintiff sought to introduce the affidavit of another juror that the foreperson indicated during deliberations that she could not find the defendant liable based on her daughter’s experience in an automobile accident. The district court denied the motion and the Eighth Circuit affirmed, holding that the affidavit was inadmissible under Fed. R. Evid. 606(b), which forbids the use of juror testimony to impeach the jury’s verdict. The Supreme Court granted certiorari.

The AAJ amicus brief,  authored by CCL Senior Counsel Jeffrey R. White, argued that both the Rule’s text and strong policy reasons counsel against expanding judicial inquiry into the jury’s deliberations. Rule 606(b), like the common-law rule it incorporates, fosters open discussion in the jury room. Following the verdict, the Rule protects jurors from harassment by disappointed litigants and prevents the courts from being drawn into an unending cycle of undoing verdicts by placing jurors on trial.

The Court’s opinion, written by Justice Sotomayor, agreed and held the proffered affidavit, describing the discussion in the jury room, was barred by Rule 606(b). Although framed as an inquiry into a juror’s dishonesty during voir dire, the Court found plaintiff’s motion for a new trial motion was clearly “an inquiry into the validity of [the] verdict” prohibited by the Rule. The juror’s statements did not come within exceptions for juror testimony regarding “extraneous prejudicial information” or “outside influences,” but involved inquiry into internal jury deliberations that Congress intended to prohibit. Additionally, although the “Constitution guarantees both criminal and civil litigants a right to an impartial jury,” litigants and courts have other means to address juror bias or dishonesty, the Court stated.