2020 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 1 - General Provisions
§ 9-10-6. Juror's Private Knowledge

A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties.

(Civil Code 1895, § 5337; Civil Code 1910, § 5932; Code 1933, § 110-108; Ga. L. 2011, p. 99, § 9/HB 24.)

The 2011 amendment, effective January 1, 2013, inserted "or her" near the beginning and deleted "unless sworn and examined as a witness in the case" following "parties" at the end. See Editor's notes for applicability.

- Corresponding provision relating to criminal procedure, § 17-9-20.

Juror as witness, § 24-6-606.

- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

Jurors should not be instructed that the jurors can act upon their private and personal knowledge of the character of the witnesses who testify in the case on trial, and it is error for the court to instruct the jurors that the jury can consider such character if the jurors know it. Chattanooga, R. & C.R.R. v. Owen, 90 Ga. 265, 15 S.E. 853 (1892).

- It is error to refuse to charge this section when counsel intimates to the jury that the jury may consider the jurors' personal knowledge of the plaintiff's character. Georgia Ry. & Elec. Co. v. Dougherty, 4 Ga. App. 614, 62 S.E. 158 (1908) (see O.C.G.A. § 9-10-6).

- Purpose of a view is to aid the jury to better understand the evidence, and this necessarily implies that the jurors may apply to the testimony the knowledge obtained by the jurors in seeing the property or premises involved; the knowledge acquired by jurors in making a view is in one sense personal, but in another sense it becomes a part of the evidence in that it may be used by the jurors in construing the evidence and finding the truth of the case. Shahan v. AT & T, 72 Ga. App. 749, 35 S.E.2d 5 (1945).

- Phrase "take into consideration all the facts and circumstances of the case as they have transpired here in your presence" does not limit the jury to a consideration only of the facts and circumstances of the case as they happened on the trial of the case, but does properly limit the jury to a consideration of the facts and circumstances of the case as those facts and circumstances were disclosed to the jury on the trial of the case. Sheridan v. Haggard, 95 Ga. App. 792, 99 S.E.2d 163 (1957).

Jury is not bound to render verdict in amount testified to by witnesses when there is sufficient data in the evidence upon which the jury may legitimately exercise the jury's own knowledge and ideas. Fulton County v. Bailey, 107 Ga. App. 512, 130 S.E.2d 800 (1963).

Cited in Atlanta Newspapers, Inc. v. State, 101 Ga. App. 105, 113 S.E.2d 148 (1960); McGarr v. McGarr, 239 Ga. 640, 238 S.E.2d 427 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 249 et seq.

- 50A C.J.S., Juries, § 401. 89 C.J.S., Trial, § 790 et seq.

- Right of jury to act upon their own knowledge in determining property values, 104 A.L.R. 1017.

Expression of opinion by juror based upon or influenced by his own observation and experience in connection with his trade, business, or profession as ground for reversal or new trial, 156 A.L.R. 1033.

Evidentiary effect of view by jury in condemnation proceedings, 1 A.L.R.3d 1397.

Prejudicial effect of unauthorized view by jury in civil case of scene of accident or premises in question, 11 A.L.R.3d 918.

Taking of notes by jury, 14 A.L.R.3d 831.

Trial jurors as witnesses in same state court or related case, 86 A.L.R.3d 781.

Propriety of juror's tests or experiments in jury room, 31 A.L.R.4th 566.

Prejudicial effect of jury's procurement or use of book during deliberations in civil cases, 31 A.L.R.4th 623.

Taking and use of trial notes by jury, 36 A.L.R.5th 255.