be good law after the “restyled” Rules take effect on December 1, 2011. Previous Rules Language Restyled Rules Language (b) Inquiry into validity of (b)During an Inquiry into the verdict or indictment. Upon Validity of a Verdict or an inquiry into the validity of a Indictment. verdict or indictment, a juror (1) Prohibited Testimony or may not testify as to any matter Other Evidence. During or statement occurring during an inquiry into the validity the course of the jury’s of a verdict or indictment, a deliberations or to the effect of juror may not testify about anything upon that or any other any statement made or juror’s mind or emotions as incident that occurred influencing the juror to assent during the jury’s to or dissent from the verdict or deliberations; the effect of indictment or concerning the anything on that juror’s or juror’s mental processes in another juror’s vote; or any connection therewith. But a juror’s mental processes juror may testify about (1) concerning the verdict or whether extraneous prejudicial indictment. The court may information was improperly not receive a juror’s brought to the jury’s attention, affidavit or evidence of a (2) whether any outside juror’s statement on these influence was improperly matters. brought to bear upon any juror, or (3) whether there was a (2) Exceptions. A juror may mistake in entering the verdict testify about whether: onto the verdict form. A juror’s (A) extraneous prejudicial affidavit or evidence of any information was statement by the juror may not improperly brought to be received on a matter about the jury’s attention; which the juror would be precluded from testifying. (B) an outside influence was improperly brought to bear on any
be good law after the “restyled” Rules take effect on December 1, 2011. Previous Rules Language (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 that 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. But a juror may testify about (1) whether extraneous prejudicial information was improperly brought to the jury’s attention, (2) whether any outside influence was improperly brought to bear upon any juror, or (3) whether there was a mistake in entering the verdict onto the verdict form. A juror’s affidavit or evidence of any statement by the juror may not be received on a matter about which the juror would be precluded from testifying. Restyled Rules Language (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
EvidenceJuryImpeachment_Miller_Dec2014.docx