W.Va. R. Evid. 606

As amended through January 31, 2024

Rule 606 - Juror's Competency as a Witness

(a)At the Trial. 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. No objection need be made in order to preserve the point.

(b)During an Inquiry Into the Validity of a Verdict or Indictment.

(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.

(2)Exceptions. A juror may testify about whether:

(A) extraneous prejudicial information was improperly brought to the jury's attention;

(B) an outside influence was improperly brought to bear on any juror; or

(C) a mistake was made in entering the verdict on the verdict form.

W.va. R. Evid. 606

COMMENT ON RULE 606

Rule 606(a) has not been changed and was taken directly from the current state rule. The federal counterpart is slightly different. The federal counterpart provides that a juror "may not" testify; whereas the state rule provides that a juror 'shall not" testify. The federal rule also provides that a court "must give a party an opportunity to object" to a juror testifying; whereas the state rule indicates the issue is preserved without an objection. To avoid the misleading impression that a trial court has discretion to allow a juror to testify at trial, the existing provision remains in the rule.

Rule 606(b) was taken verbatim from its federal counterpart. Except for Rule 606(b)(2)(C), the revised Rule 606(b) is substantively the same as the current rule, but is organized differently for greater clarity. Rule 606(b)(2)(C) was added to the federal rule in 2006. This provision allows a juror to testify that a mistake was made in entering the verdict.