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Rule 2:606 Juror’s Competency as a Witness

Article VI: Witness Examination

(a) At the trial. - A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence.

(b) During an Inquiry into the Validity of a Verdict or Indictment. -

(i) Prohibited testimony or other evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred during the jury's deliberations; the effect of anything on that juror's or another juror's vote; or 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.

(ii) Exceptions for extraneous information; outside influence; mistake; racial/national origin bias. A juror may testify and a juror's affidavit may be considered - about whether:

(a) extraneous prejudicial information was improperly brought to the jury's attention;

(b) an outside influence was improperly brought to bear on any juror;

(c) a mistake was made in entering the verdict on the verdict form; or

(d) during the trial a juror made one or more statements exhibiting overt racial/national origin bias - tending to show that a racial/national origin stereotype or animus was a significant motivating factor in the juror's vote and casting serious doubt on the fairness and impartiality of the jury's deliberations or the verdict.

Amendment history: Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated October 20, 2017; effective July 1, 2018.