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Posts tagged "F.R.C.P. 48 poll civil jury harmless error"

R.I. Federal District Court Rules Inadvertent Failure To Poll Civil Jury Not Grounds For New Trial

In what appears to be a decision of first impression, the federal district court in Rhode Island has held that its inadvertent failure to poll individually a civil jury is not grounds for a new trial. Rule 48 of the Federal Rules of Civil Procedure was amended in 2009 to state: "[a]fter a verdict is returned but before the jury is discharged, the court must on a party's request, or may on its own, poll the jury individually. If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties stipulated to, the court may direct the jury to deliberate further or may order a new trial."