A. 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. If the juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
§ 2606.Competency of Juror As Witness
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceSection 2606 bars a sitting juror from testifying before that jury in the case, and, once a verdict is challenged, bars jurors from testifying about jury deliberations or their own mental processes except to reveal extraneous prejudicial information or improper outside influence.
Full Text of § 2606
B. Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify as to any matter or statement occurring during the course of the jury's deliberations or as to the effect of anything upon the juror's mind or another juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes during deliberations. A juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. An affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying shall not be received for these purposes.
Amendment History
Laws 1978, SB 276, c. 285, § 606, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §45, eff. 11/1/2002.
Plain-English Summary
Subsection A keeps a juror off the stand in the case that juror is deciding; if a juror is called to testify anyway, the opposing party gets a chance to object outside the jury's presence.
Subsection B addresses a different problem: challenges to a verdict or indictment after the fact. It bars a juror from testifying about anything said or done during deliberations, or about the effect of anything on that juror's or another juror's mind, emotions, or mental processes in reaching the verdict. But it carves out two narrow topics jurors may testify to: whether extraneous prejudicial information improperly reached the jury, and whether an outside influence was improperly brought to bear on a juror. An affidavit or other evidence of a juror's statement on the excluded topics isn't admissible for these purposes either.
Frequently Asked Questions
Can a juror ever testify about what happened during deliberations?
Only about two things: whether extraneous prejudicial information reached the jury, or whether an outside influence was improperly brought to bear on a juror. Section 2606(B) bars testimony about anything else in the deliberation process.
Can a juror testify as a witness in the trial that juror is sitting on?
No. Section 2606(A) bars it, and if the juror is called anyway, the opposing party may object outside the jury's presence.
Can a party use a juror's affidavit describing another juror's mental state during deliberations?
No. Section 2606(B) bars affidavits or other evidence of a juror's statement on the topics jurors themselves can't testify to.
Does this section mirror a federal evidence rule?
Yes. It tracks the juror no-impeachment rule and its extraneous-information exception found in Federal Rule of Evidence 606(b).
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: juror testifying about deliberations oklahomaFRE 606 oklahomano impeachment rule jury oklahoma12 O.S. § 2606