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Call Now: 904-383-7448A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties.
(Civil Code 1895, § 5337; Civil Code 1910, § 5932; Code 1933, § 110-108; Ga. L. 2011, p. 99, § 32/HB 24.)
The 2011 amendment, effective January 1, 2013, inserted "or her" in the middle and deleted "unless he is sworn and examined as a witness in the case" following "parties" at the end. See editor's note for applicability.
- This Code section is derived from the decisions in Chattanooga, R. & C. Ry. Co. v. Owen, 90 Ga. 265, 15 S.E. 853 (1892) and Pettyjohn v. Liebscher, 92 Ga. 154, 17 S.E. 1007 (1893).
- Juror as witness, § 24-6-606.
- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
- For article discussing swearing a juror as a witness, see 11 Ga. B.J. 321 (1949). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For comment on Tumlin v. State, 88 Ga. App. 713, 77 S.E.2d 555 (1953), holding that a juror is competent to testify in a felony case against the accused and defendant is not deprived of right to fair trial, see 16 Ga. B.J. 346 (1954).
- Juror is not incompetent to testify as a witness solely on account of having been impaneled and sworn in the case, if the juror is otherwise competent. Tumlin v. State, 88 Ga. App. 713, 77 S.E.2d 555 (1953), commented on in 16 Ga. B.J. 346 (1954).
- Defendant is not deprived of the right of trial by a fair and impartial jury merely because one of the jurors trying the case is called as a witness for the state. Tumlin v. State, 88 Ga. App. 713, 77 S.E.2d 555 (1953), commented on in 16 Ga. B.J. 346 (1954).
- When a statement is interfered with by improper acts and remarks, the jury should be prevented and the judge should at least caution the jury under this section that the jury cannot act upon outside information respecting the parties, the witnesses, or the facts in the case. Robinson v. State, 6 Ga. App. 696, 65 S.E. 792 (1909).
Unauthorized contact or communication between a witness and a juror does not vitiate an otherwise valid conviction unless the defendant was actually prejudiced. Clark v. State, 153 Ga. App. 829, 266 S.E.2d 577 (1980).
Cited in Garnett v. State, 10 Ga. App. 109, 72 S.E. 951 (1911).
- 89 C.J.S., Trial, §§ 949, 951. 50A C.J.S., Juries, § 401.
- Right of jury to act upon their own knowledge in determining property values, 104 A.L.R. 1017.
Expression of opinion by juror based upon or influenced by his own observation and experience in connection with his trade, business, or profession as ground for reversal or new trial, 156 A.L.R. 1033.
Evidentiary effect of view by jury in condemnation proceedings, 1 A.L.R.3d 1397.
Prejudicial effect of unauthorized view by jury in civil case of scene of accident or premises in question, 11 A.L.R.3d 918.
Trial jurors as witnesses in same state court or related case, 86 A.L.R.3d 781.
Propriety of juror's tests or experiments in jury room, 31 A.L.R.4th 566.
Juror's reading of newspaper account of trial in state criminal case during its progress as ground for mistrial, new trial, or reversal, 46 A.L.R.4th 11.
Unauthorized view of premises by juror or jury in criminal case as ground for reversal, new trial, or mistrial, 50 A.L.R.4th 995.
Taking and use of trial notes by jury, 36 A.L.R.5th 255.
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