Failure to Poll Jurors in SEC Civil Case Warrants New Trial

April 19, 2023, 2:55 PM UTC

A man found to have violated federal securities law in a civil jury trial will get a retrial because the judge refused his request to poll each juror, a federal appeals court ruled.

A party in a civil trial who has been denied the right to poll the individual jurors doesn’t need to show prejudice, but is automatically entitled to a new trial, the US Court of Appeals for the First Circuit ruled Tuesday in a case of first impression.

The long-recognized standard of per se reversible error for polling errors in criminal cases applies as well in civil cases, ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.