Neb. Rev. Stat. » Chapter 27

Neb. Rev. Stat. § 27-606

Rule 606. Competency of juror as witness; at the trial; inquiry into the validity of verdict or indictment

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(1) A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror. If he is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

(2) Upon an inquiry into the validity of a verdict or indictment, 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 or indictment or concerning his mental processes in connection therewith, except that 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. Nor may his affidavit or evidence of any statement by him indicating an effect of this kind be received for these purposes.

Notes of Decisions
Cited in 60 cases (6 in the last 5 years), 1978–2025 · leading case: Nichols v. Busse
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Nichols v. Busse (1993) neb · cites it 48× “696 (1935) (addressing a similar issue prior to adoption of § 27-606). However, because § 27-606(2) is modeled after Fed.”
State v. Allen (2023) neb · cites it 30× “Whether an intradeliberational statement by a juror about pretrial personal knowledge is extraneous informa- tion within the meaning of Neb. Rev. Stat. § 27-606 (2) (Reissue 2016) depends on whether it was directly related to the litigation at issue.”
State v. Cardeilhac (2016) neb · cites it 11× “606, Neb. Rev. Stat. § 27-606 (Reissue 2008), which generally precludes a juror from testi- fying as to matters or statements occurring during the course of the jury’s deliberations.”
State v. Thomas (2002) neb · cites it 9× “In excluding the jurors’ statements, the trial court relied upon Neb. Rev. Stat. § 27-606 (2) (Reissue 1995), which provides: Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the…”
State v. Newman (2018) neb · cites it 4× “Neb. Rev. Stat. § 27-606 (2) (Reissue 2016) provides: Upon inquiry into the validity of a verdict or indictment, 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…”
State v. Bjorklund (2000) neb · cites it 9× “606(2), Neb. Rev. Stat. § 27-606 (2) (Reissue 1995).”
Harmon Cable Communications of Nebraska Ltd. Partnership v. Scope Cable Television, Inc. (1991) neb · cites it 12× “2d 56 (1987), argue that Neb. Rev. Stat. § 27-606 (Reissue 1989) prohibits the trial court’s actions.”
State v. Harrison (2002) neb · cites it 12× “606(2), Neb. Rev. Stat. § 27-606 (2) (Reissue 1995), prohibits a juror from testifying about deliberations, and J.”
Malchow v. Doyle (2008) neb · cites it 6× “JUROR MISCONDUCT [9] Malchow claims the district court abused its discretion in refusing to assemble the jury to investigate claims of juror misconduct.”
State v. Stricklin (2018) neb · cites it 2× “" The trial court sustained the State's objection to this paragraph and struck it pursuant to Neb. Rev. Stat. § 27-606 (2) (Reissue 2016).”
Poppe v. Siefker (2007) neb · cites it 4× “3 ANALYSIS Jury Misconduct The estate argues that the personal financial slide calculator and the inflation rate on the “Post-it” note constitute *7 extraneous prejudicial information pursuant to Neb. Rev. Stat. § 27-606 (2) (Reissue 1995).”
State v. Van (2004) neb · cites it 3× “§ 27-606 (2) (Reissue 1995), which provides: Upon an inquiry into the validity of a verdict or indictment, 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…”
Show all 60 citing cases →
— Neb. Rev. Stat. § 27-606(2) — 40 cases
Nichols v. Busse (1993) neb “696 (1935) (addressing a similar issue prior to adoption of § 27-606). However, because § 27-606(2) is modeled after Fed.”
State v. Allen (2023) neb “Whether an intradeliberational statement by a juror about pretrial personal knowledge is extraneous informa- tion within the meaning of Neb. Rev. Stat. § 27-606 (2) (Reissue 2016) depends on whether it was directly related to the litigation at issue.”
State v. Thomas (2002) neb “In excluding the jurors’ statements, the trial court relied upon Neb. Rev. Stat. § 27-606 (2) (Reissue 1995), which provides: Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the…”
State v. Cardeilhac (2016) neb “606, Neb. Rev. Stat. § 27-606 (Reissue 2008), which generally precludes a juror from testi- fying as to matters or statements occurring during the course of the jury’s deliberations.”
State v. Newman (2018) neb “Neb. Rev. Stat. § 27-606 (2) (Reissue 2016) provides: Upon inquiry into the validity of a verdict or indictment, 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…”
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