11. The defendant's motion for a new trial would be most likely granted if the juror is willing to testify that he voted for the plaintiff because he

Jurors are incompetent to testify before the jury in which they are sitting under Federal Rule of Evidence (FRE) 606(a). During an inquiry into the validity of a verdict or indictment, a juror is generally prohibited from testifying as to: (i) anything that occurred during the jury's deliberations; (ii) the effect of anything on that juror's or another juror's vote; or (iii) any juror's mental processes concerning the verdict or indictment. The court may not receive a juror's affidavit or evidence of a juror's statement on these matters. Fed. R. Evid. 606(b)(1).

A juror may, however, testify to: (i) whether any extraneous prejudicial information was improperly brought to the juror's attention; (ii) whether any outside influence was improperly brought to bear on any juror; (iii) whether there is a mistake on the verdict form; or (iv) whether any juror made it clear that he relied on racial stereotypes or animus to convict a criminal defendant. Fed. R. Evid. 606(b)(2).

D is correct. The general rule is that a juror may not testify about a verdict, deliberations, or mental process in reaching a verdict. However, a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. If the jury obtained inadmissible and prejudicial information from a clerk that the defendant had been accused of fraud in several recent lawsuits, the defendant's motion for a new trial would most likely be granted. Only in this answer choice is there extraneous, prejudicial evidence that was improperly brought to the jury's attention that would be admissible and grounds for a new trial.

A is incorrect. An effect on a juror's vote concerning the verdict is not a basis for allowing the juror to testify about the verdict. Therefore, a juror's possible misunderstanding as to the standard of proof is inadmissible evidence and would not lead to a new trial.

B is incorrect. The juror's mental process, including that he was feeling ill and wished to get home quickly, is inadmissible evidence and would not lead to a new trial.

C is incorrect. As explained above, the effect of anything on a juror's vote is inadmissible, which means that relying on testimony that should have been disregarded is inadmissible evidence and would not lead to a new trial.