(a) After a cause has been committed to a jury, the jurors shall be under the charge of an officer appointed by the court, who shall permit no other person to be present with them or to speak to them when assembled for deliberation. The jurors shall not converse with any person who is not a member of the jury relative to the cause under consideration before they have returned their verdict. When the jurors have agreed upon a verdict, they shall return it to the court.
(b) If any juror converses with any person except other members of the jury concerning the cause while it is under consideration, or voluntarily suffers any other person to converse with him, the verdict, on motion, may be set aside. The court before which the action is pending shall cause the juror to come before it and, if on inquiry the court finds him guilty, it shall fine him ten dollars. If any juror is convicted a second time of such offense, he shall be forever disqualified to sit as a juror in any case.
(c) If the officer appointed to attend on the jury, or if any juror, is guilty of any disorderly conduct or neglect of duty, or disobeys the orders of the court, the court may fine him not more than ten dollars.
(d) Notwithstanding the provisions of subsections (a) and (b) of this section, if any juror is deaf or hard of hearing, such juror shall have the assistance of a qualified interpreter who shall be present throughout the proceeding and when the jury assembles for deliberation. Such interpreter shall be subject to rules adopted pursuant to section 51-245a.
(1949 Rev., S. 7970; P.A. 82-248, S. 131; P.A. 85-271, S. 2, 5; P.A. 11-44, S. 44; June 12 Sp. Sess. P.A. 12-1, S. 95; P.A. 17-202, S. 98; P.A. 18-48, S. 15; 18-75, S. 17.)
History: P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 85-271 added Subsec. (d) re assistance of qualified interpreter for deaf and hearing impaired persons throughout proceeding and deliberation; P.A. 11-44 amended Subsec. (d) by replacing “Commission on the Deaf and Hearing Impaired” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (d) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 17-202 amended Subsec. (d) by replacing “hearing impaired” with “hard of”; P.A. 18-48 amended Subsec. (d) by replacing “hard of” with “hard of hearing”, effective May 29, 2018; P.A. 18-75 amended Subsec. (d) by replacing “hard of” with “hard of hearing” and deleting provision re interpreter to be provided by Department of Rehabilitation Services at request of juror or court.
Evidence of misconduct in jury room cannot be given by a juror. 5 C. 351; 16 C. 356; Id., 466; 21 C. 596; 95 C. 558; 109 C. 727. Advice by juror to counsel. 9 C. 51. Conversation by juror with third party. 3 D. 223; 13 C. 451. With a juror not on the panel. 29 C. 104. With a witness. 21 C. 100. Court may allow more than 24 hours for the filing of a motion to set aside a verdict. 41 C. 270. Contemplates a proceeding in the cause before final judgment. 50 C. 308. New trial denied, where juror talked with witness; 80 C. 314; where he viewed locality of injury in suit; 87 C. 363; where court excused jury at close of charge Friday afternoon until Tuesday morning. 103 C. 267; Id., 273. Where defense is res judicata, jurymen on former trial cannot testify concerning their deliberations. 109 C. 463. When papers are improperly allowed to be taken by jury, a new trial should be granted if papers could have prejudiced jury unless it is clear that they did not have a prejudicial effect; and jury may not be called to testify as to the use which they made of such papers. Id., 726. Cited. 168 C. 541; 173 C. 334; 187 C. 73; 193 C. 35. Any conduct in violation of section, prohibiting jurors from conversing with any person who is not a member of the jury relative to the cause under consideration before they have returned their verdict, may be established by testimony of a juror. 273 C. 393.
Cited. 23 CS 24.