Va. R. Sup. Ct. 2:606

As amended through September 26, 2024
Rule 2:606 - Juror's Competency as a Witness
(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.
(i)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.
(ii)Exceptions for extraneous information; outside influence; mistake; racial/national origin bias. A juror may testify - and a juror's affidavit may be considered - 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;
(c) a mistake was made in entering the verdict on the verdict form; or
(d) during the trial a juror made one or more statements exhibiting overt racial/national origin bias - tending to show that a racial/national origin stereotype or animus was a significant motivating factor in the juror's vote and casting serious doubt on the fairness and impartiality of the jury's deliberations or the verdict.

Va. Sup. Ct. 2:606

Adopted and promulgated by order dated June 1, 2012; effective 7/1/2012; amended by order dated October 20, 2017, effective 7/1/2018.