Md. R. Evid. 5-606

As amended through November 13, 2024

Rule 5-606 - Competency of Juror as Witness

(a)At the Trial. A member of a jury may not testify as a witness before that jury in the trial of the case in which the sworn juror is sitting. If the sworn juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

(b)Inquiry Into Validity of Verdict.

(1) In any inquiry into the validity of a verdict, a sworn juror may not testify as to (A) any matter or statement occurring during the course of the jury's deliberations, (B) the effect of anything upon that or any other sworn juror's mind or emotions as influencing the sworn juror to assent or dissent from the verdict, or (C) the sworn juror's mental processes in connection with the verdict.

(2) A sworn 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.

(3) Notes made under Rule 2-521(a) or Rule 4-326(a) may not be used to impeach a verdict.

(c)"Verdict Defined. For purposes of this Rule, "verdict means a verdict returned by a trial jury.

Md. R. Evid. 5-606

This Rule is derived in part from F.R.Ev. 606.

Adopted Dec. 15, 1993, eff. 7/1/1994. Amended June 7, 1994, eff. 10/1/1994; 10/31/2002, eff. 1/1/2003; 11/12/2003, eff. 1/1/2004; 12/4/2007, eff. 1/1/2008; 12/7/2015, eff. 1/1/2016; 10/10/2017, eff. 1/1/2018.

HISTORICAL NOTES

2002 Orders

The October 31, 2002, order, in section (c), substituted "Criminal Law Article, § 2-303 or 2-304 " for "Article 27, § 413 ".

2003 Orders

The November 12, 2003, order added subsec. (b)(3), related to jurors' notes.

2007 Orders

The December 4, 2007, order, in sec. (a), subsec. (b)(1) and (b)(2), substituted ''sworn juror'' for ''juror''; in subsec. (b)(3), made stylistic changes; and in sec. (c), substituted ''trial jury'' for ''petit jury''.

2015 Orders

The December 7, 2015, order, deleted statutory references and added the word "law" in (c).

2017 Orders

The October 10, 2017, order deleted subsection (c)(2).

Committee note: This Rule does not address or affect the secrecy of grand jury proceedings.