Rule 5-606. Competency of Juror as Witness

(a) At the Trial A member of a jury may not testify as a witness before that jury in the trial of the case in which the sworn juror is sitting. If the sworn juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

(b) Inquiry Into Validity of Verdict

(1) Except as provided in subsection (b)(2) of this Rule, in any inquiry into the validity of a verdict, a sworn juror may not testify as to (A) any matter or statement occurring during the course of the jury's deliberations, (B) the effect of anything upon that or any other sworn juror's mind or emotions as influencing the sworn juror to assent or dissent from the verdict, or (C) the sworn juror's mental processes in connection with the verdict

(2) In any inquiry into the validity of a verdict, a sworn juror may testify as to a clear statement made by a juror indicating that the juror relied on a racial or other unconstitutional stereotype or animus

(3) A sworn juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying may not be received for these purposes

(4) Notes made under Rule 2-521 (a) or Rule 4-326 (a) may not be used to impeach a verdict

(c) “Verdict” Defined. For purposes of this Rule, “verdict” means a verdict returned by a trial jury.

Committee note: This Rule does not address or affect the secrecy of grand jury proceedings.

Committee Notes

Cross reference: See Peña-Rodriguez v. Colorado, 580 U.S. 206 (2017). Source: This Rule is derived in part from F.R.Ev. 606.