American Power Products, Inc. v. CSK Auto, Inc.

OPINION

NORRIS, Judge:

¶ 1 The dispositive issue in this appeal is whether the superior court should have denied Appellant American Power Products, Ine.’s motion for a new trial without first holding an evidentiary hearing to determine whether an ex parte communication between the bailiff and the jury was improper and prejudicial. Because the court did not have the necessary facts to decide the effect of the communication on the jury, it should not have ruled on American’s motion without first holding such a hearing. Accordingly, we remand for further proceedings consistent with this opinion.

FAC…