88 F.R.D. 561 | E.D. Pa. | 1980
MEMORANDUM OPINION AND ORDER
Presently before this court is a motion by counsel for plaintiff requesting permission for counsel to contact the jurors in the case sub judice. This motion has been made subsequent to the rendering of a verdict by the jury. The reasons asserted by counsel in support of this motion can best be characterized as an attempt by counsel to improve his skills as a trial lawyer by ascertaining from the jurors which facets of the trial influenced their verdict. It is clear that counsel is not alleging any improprieties by the jurors in this case.
It is well settled that the Federal courts strongly disfavor “any public or private post-trial inquisition of jurors as to
The Ninth Circuit, also dealing with the propriety of post-trial inquiries of jurors has held, “that it is improper and unethical for lawyers ... to interview jurors to discover what was the course of deliberation of a jury trial.” Northern Pacific Railway Company v. Mely, 219 F.2d 199, 202 (9th Cir. 1954).
To allow counsel to interrogate a jury after a verdict has been rendered would be unduly vexatious, oppressive, and potentially intimidating to the jurors so questioned. If the purpose of counsel is the improvement of his capabilities as a trial attorney, which is a desirable and most laudable endeavor, unfortunately the court does not feel that granting this motion would further that worthy ambition. We cannot and will not go against the strong and well established policy of the Federal courts, as cited above, which frowns on post-trial inquiries to jurors in a case such as this.
For the reasons set forth above, the Motion for Permission to Contact Jury is denied.