2021 Georgia Code
Title 24 - Evidence
Chapter 6 - Witnesses
Article 1 - General Provisions
§ 24-6-606. Juror as Witness

1. A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If a juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
2. Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify by affidavit or otherwise nor shall a juror's statements be received in evidence as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the jury deliberations 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; provided, however, that a juror may testify on the question of whether extraneous prejudicial information was improperly brought to the juror's attention, whether any outside influence was improperly brought to bear upon any juror, or whether there was a mistake in entering the verdict onto the verdict form.

(Code 1981, §24-6-606, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Action by juror on private knowledge as to facts, witnesses, or parties, § 17-9-20.

Juror's competency as a witness, Fed. R. Evid. 606.

- For article, "Juror's Testimony to Set Aside Verdict in Georgia," see 11 Ga. B.J. 408 (1949). For article, "Justice and Juror," see 20 Ga. L. Rev. 257 (1986). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For article, "Georgia's New Evidence Code: After the Celebration, a Serious Review of Anticipated Subjects of Litigation to be Brought on by the New Legislation," see 64 Mercer L. Rev. 1 (2012). For annual survey on evidence, see 71 Mercer L. Rev. 103 (2019). For note, "Addressing Racial Bias in the Jury System: Another Failed Attempt?," see 35 Ga. St. U.L. Rev. 843 (2019).

ANALYSIS

• General Consideration
• Statements by Jurors
• Practice and Procedure

RESEARCH REFERENCES

Am. Jur. 2d.

- 75B Am. Jur. 2d, Trial, § 1899 et seq.

- 89 C.J.S., Trial, § 1087 et seq.

- Right of juror who has agreed to verdict to dissent on poll, 49 A.L.R. 1301.

Admissibility of testimony or affidavits of members of jury to show communications or other improper acts of third person, 90 A.L.R. 249; 146 A.L.R. 514.

Testimony or affidavit by one other than a juror, who overheard jury's deliberations, as receivable to impeach verdict, 129 A.L.R. 803.

Admissibility in civil case of affidavit or testimony of juror in support of verdict attacked on ground of bias or disqualification of juror, 30 A.L.R.2d 914.

Competency of jurors' statements or affidavits to show that they never agreed to purported verdict, 40 A.L.R.2d 1119.

Admissibility and effect, in criminal case, of evidence as to juror's statements, during deliberations, as to facts not introduced into evidence, 58 A.L.R.2d 556.

Quotient verdicts, 8 A.L.R.3d 335.

Competency of juror's statement or affidavit to show that verdict in a civil case was not correctly recorded, 18 A.L.R.3d 1132.

Juror's reluctant, equivocal, or conditional assent to verdict, on polling, as ground for mistrial or new trial in criminal case, 25 A.L.R.3d 1149.

Admissibility, in civil case, of juror's affidavit or testimony relating to juror's misconduct outside jury room, 32 A.L.R.3d 1356.

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

Impeachment of verdict by juror's evidence that he was coerced or intimidated by fellow juror, 39 A.L.R.4th 800.

Inattention of juror from sleepiness or other cause as ground for reversal or new trial, 59 A.L.R.5th 1.

Prejudicial effect of juror misconduct arising from internet usage, 48 A.L.R.6th 135.