The Supreme Court of the United States held that a federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying an error in the jury’s verdict. In Dietz v. Bouldin, 136 S.Ct. 1885 (2016) the parties stipulated as to medical expenses of $10,136.00. The jury returned a verdict in plaintiffs’ favor but awarded $0 in damages. After the verdict the judge discharged the jury and the jurors left the courtroom The Judge then realized the error in the $0 verdict and ordered the clerk to bring back the jurors who were still in the building. After questioning the jury, the judge was satisfied that none had spoken about the case to anyone and ordered them to return the next morning. They did and after receiving clarifying instructions the jury entered a verdict awarding plaintiff $15,000.00 in damages.
After a lengthy discussion, with two dissents, the court held:
“Federal district courts have a limited inherent power to rescind a discharge order and recall a jury in a civil case. District courts should exercise this power cautiously and courts of appeals should review its invocation carefully. That was done here. The judgment of the Court of Appeals for the Ninth Circuit is therefore. Affirmed.”