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Appellate Practice

Dec. 17, 2014

Lying during voir dire: grounds for a new trial?

In a unanimous ruling last week, FRE 606(b) makes inadmissible a juror's testimony that another member of the jury lied during voir dire when that testimony is offered to support a motion for a new trial. By Victor Gold


By Victor Gold


In a unanimous opinion by Justice Sonia Sotomayor, the U.S. Supreme Court ruled last week that Federal Rule of Evidence 606(b) makes inadmissible a juror's testimony that another member of the jury lied during voir dire when that testimony is offered to support a motion for a new trial.

Warger v. Shauers was a negligence action brought in federal district court to recover for injuries suffered in a motor vehicle accident. D...

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