TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 5, 2012
RE: Rule 606, N.D.R.Ev., Juror's Competency as a Witness
Form and style amendments to Rule 606 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
In North Dakota, jurors may testify about whether "the verdict was arrived at by chance." This is not part of the federal rule. The explanatory note states that "it is felt that reaching a verdict by chance is an extreme irregularity which replaces deliberation rather than being a part of it and, as such, should be disclosed."