(a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.
(b) During an Inquiry into the Validity of a Verdict or Indictment.
(b)(1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment. The court may not receive a juror’s affidavit or evidence of a juror’s statement on these matters.
(b)(2) Exceptions. A juror may testify about whether:
(b)(2)(A) extraneous prejudicial information was improperly brought to the jury’s attention; or
(b)(2)(B) an outside influence was improperly brought to bear on any juror.
2011 Advisory Committee Note. The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make class and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
Original Advisory Committee Note. This rule is the federal rule, verbatim, and comports with Rules 41 and 44, Utah Rules of Evidence (1971), and Utah case law, State v. Gee, 28 Utah 2d 96, 498 P.2d 662 (1972).