Rule Elements for FRE 606(a) & 606(b)

FRE 606(a) (Competency of Juror as Witness: At the Trial) FRE 606(a) has four foundational requirements:

  1. A member of the jury;
  2. May not testify as a witness before that jury;
  3. In a trial of the case in which the juror is sitting;
  4. Opposing party is afforded an opportunity to object out of the presence of the jury.

Fed. R. Evid. 606(a)

FRE 606(b) (Inquiry into Validity of Verdict or Indictment). FRE 606(b) has three foundational requirements:

  1. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to:
    1. Any matter or statement occurring during the course of the jury’s deliberations; or
    2. The effect of anything upon that; or
    3. Any other juror’s mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment; or
    4. Any matter concerning the juror’s mental processes in connection therewith;
  2. Except that a juror may testify:
    1. On the question whether extraneous prejudicial information was improperly brought to the jury’s attention; or
    2. Whether any outside influence was improperly brought to bear upon any juror.
  3. A 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.

Fed. R. Evid. 606(b).

Federal Rules of Evidence
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