(a) Atthe Trial. A jurormay not testify as a witness before the other jurors at the trial. If a juroris called to testify, the court must give a party an opportunity to objectoutside the juryís presence.
(b) Duringan Inquiry into the Validity of a Verdict or Indictment.
(1) ProhibitedTestimony or Other Evidence.During an inquiry into the validity of a verdict or indictment, a juror may nottestify about any statement made or incident that occurred during the juryísdeliberations; the effect of anything on that jurorís or another jurorís vote;or any jurorís mental processes concerning the verdict or indictment. The courtmay not receive a jurorís affidavit or evidence of a jurorís statement on thesematters.
(2) Exceptions. A juror may testify about whether:
(A) extraneousprejudicial information was improperly brought to the juryís attention; or
(B) anoutside influence was improperly brought to bear on any juror.
2011Advisory Committee Note. ĖThe language of this rule has been amended as part of the restyling of theEvidence Rules to make them more easily understood and to make style andterminology consistent throughout the rules. These changes are intended to bestylistic only. There is no intent to change any result in any ruling onevidence admissibility.
This rule isthe federal rule, verbatim, and comports with Rules 41 and 44, Utah Rules ofEvidence (1971), and Utah case law, State v. Gee, 28 Utah 2d 96, 498 P.2d 662(1972).