Kirby v. Rosell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the trial court did not abuse its discretion in granting a motion for new trial where on the basis of a juror’s affidavit, the jury considered notes from a business law textbook which were not part of the evidence
• rejecting argument that “proof of actual prejudice” is required for court to grant motion for a new trial
• motion to set aside default judgment was not prompt where motion was not made until after judgment had been subject to several execution proceedings
• juror who consulted a business law textbook during deliberations introduced extraneous information into the jury deliberations
• moving party must demonstrate reasonable possibility of prejudice
• moving party must demonstrate reasonable possibility of prejudice

Source: CourtListener parenthetical corpus (CC0).