RULE 606. COMPETENCY OF JUROR AS WITNESS
Effective Date: 3/1/1990
Obsolete Date: 3/1/2008
(a) At the Trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party must be afforded an opportunity to object out of the presence of the jury.
(b) Inquiry into Validity of Verdict or Indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the juror or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith. However, a juror may testify on the questions whether extraneous prejudicial information was improperly brought to the jury's attention, whether any outside influence was improperly brought to bear upon any juror, or whether the verdict of the jury was arrived at by chance. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes.
Rule 606 was amended, effective March 1, 1990, March 1, 2008; March 1, 2014; March 1, 2021.
Subdivision (a) prohibits a juror from testifying in a case in which that juror is sitting. Many of the practical and theoretical problems that are present when a judge testifies are also present when a juror does so. The impartiality with which the trier of fact should consider evidence is immeasurably damaged whenever a juror presents evidence for one of the parties to a lawsuit.
Subdivision (b) prohibits a juror from testifying as to the mental processes inherent in arriving at a verdict but allows jurors to testify as to whether outside influences were brought to bear upon a juror, or whether the verdict was arrived at by chance. Subdivision (b) was amended, effective March 1, 2008, to allow juror testimony about mistakes in entering the verdict on the verdict form.
The rationale of this rule is to further free deliberation in the jury room by protecting from disclosure the manner in which a verdict was reached, and to promote finality of verdicts. At the same time considerations must be given to the arrival of a just result in each particular case. Where a verdict is reached because of extraneous, prejudicial information or outside influence, much of the reason for disallowing a juror to testify disappears, and the balance is weighted in favor of obtaining justice in the individual case. Justice also requires disclosure whenever a verdict is arrived at by chance, including a "quotient" verdict, in which the jurors agree in advance to be bound. Although the view has been criticized, 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.
Rule 606 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 606 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Rule 606 was amended, effective March 1, 2021, to delete the term “affidavit” and replace it with “declaration.” This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.
SOURCES: Minutes of Joint Procedure Committee of April 24, 2020, pages 4-5; April 26-27, 2012, pages 23-24; September 28-29, 2006, page 16; March 24-25, 1988, page 12; December 3, 1987, page 15; January 29, 1976, page 13; October 1, 1975, page 4. Fed.R.Ev. 606; Rule 606, SBAND proposal.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 29-21-18, 31-01-10.
CONSIDERED: N.D.C.C. ch. 31-15.
Cross Reference: N.D.R.Civ.P. 59 (New Trials - Amendment of Judgments).