MBE Rules · Evidence
Juror Impeachment of Verdict
FRE 606(b)
The rule
Jurors may not testify about statements or thought processes during deliberations to impeach a verdict, except about extraneous prejudicial information, outside influence, mistake on the verdict form, or clear racial bias (Peña-Rodriguez).
In plain English
Jurors cannot reveal what they said or thought during their discussions when trying to challenge a verdict. However, they can testify about certain issues like outside influences, mistakes on the verdict form, or instances of racial bias.
Worked example
In a criminal trial, after a verdict of guilty, a juror claims that another juror was influenced by a news article they read during deliberations. The defense attempts to use this testimony to challenge the verdict, but it is not allowed because it pertains to the juror's thought process during deliberations. The verdict stands.
Memory hook
Jurors keep their deliberations secret, but outside influences can break that seal.
The trap
Exams may present scenarios where students think they can use juror testimony to challenge a verdict based on deliberation discussions, leading them to overlook the exceptions.
How examiners test it
Questions often involve a juror attempting to testify about deliberation details, testing the candidate's understanding of the limited exceptions for juror impeachment.
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