(a) Prior to discharging the jury from the case, the judge in a criminal action shall inform the jurors that they have an absolute right to discuss or not to discuss the deliberation or verdict with anyone. The judge shall also inform the jurors of the provisions set forth in subdivisions (b), (d), and (e).
§ 206.Right of jurors not to discuss deliberations or verdict; Petition for access to personal juror information
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Last amended 2000 · Last verified July 28, 2026
In one sentenceSection 206 protects a juror’s right not to discuss deliberations or the verdict with anyone without consent, while spelling out how a criminal defendant’s side or the prosecution may, after discharge and with the juror’s consent, request an interview and how a defendant can petition under § 237 for juror contact information.
Full Text of § 206
(b) Following the discharge of the jury in a criminal case, the defendant, or his or her attorney or representative, or the prosecutor, or his or her representative, may discuss the jury deliberation or verdict with a member of the jury, provided that the juror consents to the discussion and that the discussion takes place at a reasonable time and place.
(c) If a discussion of the jury deliberation or verdict with a member of the jury pursuant to subdivision (b) occurs at any time more than 24 hours after the verdict, prior to discussing the jury deliberation or verdict with a member of a jury pursuant to subdivision (b), the defendant or his or her attorney or representative, or the prosecutor or his or her representative, shall inform the juror of the identity of the case, the party in that case which the person represents, the subject of the interview, the absolute right of the juror to discuss or not discuss the deliberations or verdict in the case with the person, and the juror’s right to review and have a copy of any declaration filed with the court.
(d) Any unreasonable contact with a juror by the defendant, or his or her attorney or representative, or by the prosecutor, or his or her representative, without the juror’s consent shall be immediately reported to the trial judge.
(f) Nothing in the section shall prohibit a peace officer from investigating an allegation of criminal conduct.
(g) Pursuant to Section 237, a defendant or defendant’s counsel may, following the recording of a jury’s verdict in a criminal proceeding, petition the court for access to personal juror identifying information within the court’s records necessary for the defendant to communicate with jurors for the purpose of developing a motion for new trial or any other lawful purpose. This information consists of jurors’ names, addresses, and telephone numbers. The court shall consider all requests for personal juror identifying information pursuant to Section 237.
Plain-English Summary
Section 206 starts from the juror’s own control over the conversation: nothing requires a discharged juror to discuss the jury’s deliberations or its verdict with anyone. Following discharge in a criminal case, a defendant or the defendant’s attorney or representative, or the prosecutor or the prosecutor’s representative, may discuss the deliberations or verdict with a juror only if the juror consents and the discussion happens at a reasonable time and place.
If that discussion happens more than 24 hours after the verdict, the person seeking it must first tell the juror the case’s identity, which party the person represents, the subject of the interview, the juror’s absolute right to decline, and the juror’s right to review and get a copy of any declaration filed with the court. Any unreasonable contact without consent must be reported to the trial judge immediately, and a violation is treated as a violation of a lawful court order, subject to monetary sanctions under § 177.5.
Section 206 also cross-references § 237: following a criminal verdict, a defendant or defense counsel may petition the court under that section for access to jurors’ names, addresses, and telephone numbers to support a motion for new trial or another lawful purpose.
Frequently Asked Questions
Does a juror have to talk to attorneys after the trial ends?
No. Section 206 does not require a juror to discuss deliberations or the verdict with anyone, and any post-discharge discussion in a criminal case requires the juror’s consent.
What must an attorney tell a juror before discussing the verdict more than 24 hours later?
The case’s identity, which party the attorney represents, the subject of the interview, the juror’s absolute right to decline, and the juror’s right to review and copy any declaration filed with the court.
What happens if a juror is contacted without consent?
Section 206 requires that unreasonable contact be reported to the trial judge immediately, and treats a violation as a violation of a lawful court order subject to monetary sanctions.
How does a criminal defendant get a juror’s contact information after a verdict?
Section 206(g) points to § 237, which lets a defendant or defense counsel petition the court for personal juror identifying information for purposes like a new trial motion.
Amendment History
Added Stats 1988 ch 1245 § 2. Amended Stats 1992 ch 971 § 2 (SB 1299); Stats 1993 ch 632 § 1 (AB 1915); Stats 1995 ch 964 § 2 (SB 508); Stats 1996 ch 636 § 1 (SB 2123), effective September 19, 1996; Stats 2000 ch 242 § 1 (AB 2567).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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