Legal Definitions - privy verdict

A privy verdict refers to a verdict delivered by a jury to a judge *outside* of the formal courtroom setting, typically in the judge's chambers or even at their home, and *before* the court officially convenes. This practice was more common historically, particularly in civil cases, to avoid keeping a jury sequestered overnight after they had reached a decision. For a privy verdict to be legally valid, the jury must later return to open court and publicly affirm their verdict. Due to modern requirements for transparency and public trials, privy verdicts are now rarely permitted, especially in criminal cases.

• Example 1: Historical Civil Case
  In a complex 19th-century property dispute, a jury deliberates late into the night and reaches a verdict at 1 AM. To avoid keeping them sequestered until the next morning, the judge allows them to present their findings to him privately in his chambers. The jury then disperses, with the understanding that they will return to court the following day to formally announce and confirm their decision in public.
  This illustrates a privy verdict because the jury delivered their decision to the judge *outside* the public courtroom, with the crucial condition that they would later return to open court to publicly affirm it.
• Example 2: Modern (Highly Restricted) Civil Case Scenario
  A lengthy civil lawsuit involving a complex business contract concludes deliberations on a Friday evening. The jury informs the bailiff they have reached a verdict, but a key juror has a pre-scheduled, unavoidable medical emergency early Saturday morning. With the explicit consent of all parties involved, the judge allows the jury to deliver the verdict to her in her chambers Friday night, on the strict condition that all jurors return Monday morning to publicly affirm it in open court.
  This demonstrates a privy verdict because the jury presented their decision to the judge *outside* of the open court, under exceptional circumstances and with the consent of the parties, with the crucial understanding that it would be formally confirmed in public court at a later time.
• Example 3: Why it's Rare in Modern Criminal Law
  In a high-profile criminal trial, the jury reaches a verdict after a week of intense deliberations. The defense attorney requests that, to avoid a media frenzy and ensure juror safety, the jury be allowed to deliver the verdict privately to the judge in his chambers.
  This scenario would almost certainly *not* be permitted as a privy verdict in a modern criminal case. While it involves the jury delivering a verdict to a judge, the strong constitutional right to a public trial in criminal matters generally prohibits such private proceedings. This example highlights the limitations and rarity of privy verdicts today, especially in criminal law, emphasizing that the public affirmation is not just a formality but a fundamental requirement for transparency and due process.