Juror’s Competency as a Witness

U.S Code last checked for updates: Jan 18, 2025

Rule 606.

(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.

(1)

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.

(2)

Exceptions. A juror may testify 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; or

(C)

a mistake was made in entering the verdict on the verdict form.

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1934; Pub. L. 94–149, § 1(10), Dec. 12, 1975, 89 Stat. 805; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 26, 2011, eff. Dec. 1, 2011.)