[DOWNLOAD] "Keener v. Jeld-Wen" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Keener v. Jeld-Wen
• Author : Colorado Supreme Court
• Release Date : January 07, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

We granted review to address issues concerning a trial courts polling of a civil jury pursuant to Code of Civil Procedure section 618 (hereafter section 618) after rendering a verdict. This statute provides that if "more than one-fourth of the jurors disagree" with a verdict upon polling, "the jury must be sent out again" for further deliberation, "but if no disagreement is expressed, the verdict is complete and the jury discharged from the case." (Italics added.) We conclude that a jurors silence at polling, brought about by the trial courts failure to poll that particular juror on one of several special verdict questions, does not constitute an expressed disagreement with the verdict under section 618, and hence does not prevent the trial court from accepting the verdict as complete and discharging the jury. We further conclude that a partys failure to object to incomplete polling before the jury is discharged forfeits any claim of irregularity in polling procedure.

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