¶1dissenting:
¶2If the rule against verdict impeachment by a participating juror is to be modified in the manner suggested by the majority, this case is not the one to use for that purpose. The impeaching affidavits offered to the court for consideration fail to identify the jurors who allegedly made the statements establishing bias in contradiction to their responses given on voir dire examination. Absent that information, the party in whose favor the verdict was returned cannot respond satisfactorily. He should not be compelled to contact unidentified jurors in an effort to test the reliability of the impeaching affidavits. Neither should unidentified jurors have to respond to the general statements suggesting bias on the part of “someone.” Indeed, the “several jurors” whose qualifications are questioned must be named if they are to be afforded a fair opportunity to respond directly to the charges made, and if the court is to be given a solid foundation upon which to decide the matter. The rule modification announced today will produce unnecessary mischief since it may be utilized when the record fails to reveal the identity of the jurors whose integrity is challenged.
¶3Respectfully, we dissent.