Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 327 lets a court grant a new trial for jury misconduct, an improper communication, or a juror's wrong voir dire answer — on affidavit and proof of materiality plus probable injury — while barring jurors from testifying about deliberations except as to an improper outside influence.
(a)When the ground of a motion for new trial, supported by affidavit, is misconduct of the jury or of the officer in charge of them, or because of any communication made to the jury, or that a juror gave an erroneous or incorrect answer on voir dire examination, the court shall hear evidence thereof from the jury or others in open court, and may grant a new trial if such misconduct proved, or the communication made, or the erroneous or incorrect answer on voir dire examination, be material, and if it reasonably appears from the evidence both on the hearing of the motion and the trial of the case and from the record as a whole that injury probably resulted to the complaining party.
(b)A juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon his or any other juror's mind or emotions as influencing him to assent to or dissent from the verdict concerning his mental processes in connection therewith, except that a juror may testify whether any outside influence was improperly brought to bear upon any juror. Nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes.
End
Plain-English Summary
Rule 327 governs new trials based on what the jury did. When a motion for new trial, supported by affidavit, claims misconduct of the jury or of the officer in charge of them, an improper communication to the jury, or a juror's erroneous or incorrect answer on voir dire, the court hears evidence in open court from the jury or others. The court may grant a new trial only if the misconduct, communication, or wrong answer was material and it reasonably appears, from the evidence at the hearing and the trial and from the record as a whole, that injury probably resulted to the complaining party.
Subdivision (b) limits what a juror may say. A juror may not testify about any matter or statement occurring during deliberations, or about the effect of anything on any juror's mind or emotions or mental processes in reaching the verdict, and no affidavit of such matters is received. The one exception lets a juror testify whether an improper outside influence was brought to bear on any juror.
Frequently Asked Questions
Can you get a new trial for jury misconduct in Texas?
Under Rule 327, yes — on a motion supported by affidavit, if the misconduct, improper communication, or wrong voir dire answer was material and probably caused injury to the complaining party.
Can jurors testify about what happened in deliberations?
No. Rule 327(b) bars testimony about deliberations or what influenced a juror's vote, except whether an improper outside influence was brought to bear on a juror.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 327), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:jury misconduct new trialjuror testimonyoutside influenceerroneous voir dire answerTRCP 327