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Hamilton v. Oppen12/4/2002
oid the possibility of juror taint from extra-judicial pressures. Nevertheless, while N.D.R.Civ.P. 59(b)(2) permits a jury verdict reached "by a resort to the determination of chance" to "be proved by the affidavit of any one of the jurors," it does not prohibit an evidentiary hearing on the matter. However, here no evidentiary hearing was requested.
I agree with the majority that the affidavits do not conclusively prove misconduct on the part of the jurors. I therefore concur in the result.
Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
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