FRE · Rule 606

FRE Rule 606

Quick Answer

What is FRE Rule 606?

FRE Rule 606 addresses the competency of jurors as witnesses in legal proceedings, specifically regarding their deliberations and the information they obtain during trial.

Source: FRE Rule 606

Official Text
A juror may not testify about any statement made or incident that occurred during the jury's deliberations or about the effect of anything on a juror's or another juror's vote. However, a juror may testify about whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear on any juror.
Plain Language

Rule 606 restricts jurors from discussing what happened during their deliberations, protecting the confidentiality of that process. However, it allows jurors to speak about certain outside influences that may affect their decision-making.

Purpose

The purpose of Rule 606 is to preserve the sanctity and confidentiality of jury deliberations. It aims to prevent jurors from being harassed or second-guessed by either party in a case after a verdict is rendered.

Key Provisions

606(b) - Juror testimony about deliberations

Jurors cannot testify about statements made or occurrences during deliberations, ensuring the confidentiality of the jury's decision-making process.

606(b) - Exceptions for extraneous information

Jurors may provide testimony if they are addressing whether extraneous prejudicial information was introduced or if undue external influences were exerted on them.

Practice Notes
  • When motions for a new trial are based on juror misconduct, ensure that any evidence presented falls within the exceptions of Rule 606(b).
  • It's crucial to prepare jurors about the limits of their testimony during jury instructions, advising them on the importance of confidentiality.
  • Be aware that courts are generally cautious in allowing juror testimony that contradicts the verdict.
Landmark Cases

Tanner v. United States

This case affirmed that jurors could not testify about the effects of alcohol and drug use among jurors during deliberation, underscoring the strictures of Rule 606.

Remmer v. United States

This case illustrated the application of the exceptions in Rule 606(b) regarding external influences on jurors, allowing for juror testimony regarding improper contacts.

Common Motions
  • motion for a new trial based on juror misconduct
Exam Tip

Understand how Rule 606 limits juror testimony while allowing exceptions. Scenario-based questions may ask you to determine whether certain juror testimonies are admissible under this rule.

Related Rules
  • fre-rule-601
  • fre-rule-602

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