Oklahoma Statutes
Okla. Stat. tit. 12, § 2606 (2026)
Competency of juror as witness
✓ laws through the 2025 session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
OK-LEGoklegislature.gov
JustiaOkla. Stat.
CornellLII Search
CasesGoogle Scholar
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. 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. Added by Laws 1978, c. 285, § 606, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 45, eff. Nov. 1, 2002.
Notes of Decisions
Cited in 33
cases (1 in the last 5 years), 1982–2021 · leading case: Ledbetter v. Howard, 2012 OK 39, 276 P.3d 1031.
Ledbetter v. Howard, 2012 OK 39, 276 P.3d 1031. “¶ 11 a) The juror's affidavit regarding the foreperson's statements during deliberations is admissible under the "extraneous prejudicial information" exception to 12 O.S.2011 § 2606 (B). ¶ 12 The primary goal of statutory interpretation is to ascertain and, if possible, give…”
Matthews v. Workman, 577 F.3d 1175 (10th Cir. 2009). “The OCCA also ruled that Juror # 8’s testimony — that she had already made up her mind prior to the penalty stage — was properly excluded by the trial court under Okla. Stat. tit. 12 § 2606(B), which prohibits jurors from testifying “as to the effect of anything upon his or…”
Oxley v. City of Tulsa ex rel. Tulsa Airport Auth., 794 P.2d 742 (Okla. 1990). “Title 12 O.S.1981 § 2606(B) authorizes jurors to testify regarding allegations of misconduct.”
Cohee v. State, 1997 OK CR 30, 942 P.2d 211. “See 12 O.S.1991, § 2606. I also agree with many of the concerns expressed by Judge Lumpkin in his separate vote.”
Johnson v. State, 2004 OK CR 25, 95 P.3d 1099. “The Application is moot due to the relief ordered. Moreover, the Extra-Record Evidence was an improper attempt by Johnson to impeach the verdict with inappropriate Juror affidavit.”
Salazar v. State, 1998 OK CR 70, 973 P.2d 315. “(1995) and 12 O.S.1991, § 2606(B). Given the disposition of this issue, Salazar's motion for new trial and request for an evidentiary hearing are denied.”
Johnson v. Martin, 3 F.4th 1210 (10th Cir. 2021). “And it noted that although there was an exception to the no-impeachment rule “where external, prejudicial information is improperly brought to the jury’s attention,” such exception was not available here, where the reference to other charges was vague and where Petersen did not…”
Hawkins v. State, 2002 OK CR 12, 46 P.3d 139. “" 12 O.S.1991, § 2606(B). A juror may testify about "extraneous prejudicial information," i.”
Walker v. Gibson, 228 F.3d 1217 (10th Cir. 2000). “See Okla. Stat. tit. 12, § 2606 (B). The State, however, fails to object to the statements on this basis.”
Robinson v. State, 1997 OK CR 24, 937 P.2d 101. “It is hoped that by mentioning it here, petitioners will adhere to the established holdings by this Court, and the United States Supreme Court, together with enacted statutory imperatives.”
DeRonde v. State, 715 P.2d 84 (Okla. Crim. App. 1986). “State, supra; and also see 12 O.S.1981, § 2606(B). Thus, in the instant case, the testimony of the jurors, after they had been discharged from the jury, regarding discussions which had occurred during the jury’s deliberations should not have been received by the trial court…”
Weatherly v. State, 733 P.2d 1331 (Okla. Crim. App. 1987). “Our consideration of this first issue is governed by 12 O.S.1981, § 2606(B) of our Evidence Code, which states: 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…”
Okla. Stat. tit. 12, § 2606(B): 21 cases
Matthews v. Workman, 577 F.3d 1175 (10th Cir. 2009). “The OCCA also ruled that Juror # 8’s testimony — that she had already made up her mind prior to the penalty stage — was properly excluded by the trial court under Okla. Stat. tit. 12 § 2606(B), which prohibits jurors from testifying “as to the effect of anything upon his or…”
Oxley v. City of Tulsa ex rel. Tulsa Airport Auth., 794 P.2d 742 (Okla. 1990). “Title 12 O.S.1981 § 2606(B) authorizes jurors to testify regarding allegations of misconduct.”
Ledbetter v. Howard, 2012 OK 39, 276 P.3d 1031. “¶ 11 a) The juror's affidavit regarding the foreperson's statements during deliberations is admissible under the "extraneous prejudicial information" exception to 12 O.S.2011 § 2606 (B). ¶ 12 The primary goal of statutory interpretation is to ascertain and, if possible, give…”
Salazar v. State, 1998 OK CR 70, 973 P.2d 315. “(1995) and 12 O.S.1991, § 2606(B). Given the disposition of this issue, Salazar's motion for new trial and request for an evidentiary hearing are denied.”
Hawkins v. State, 2002 OK CR 12, 46 P.3d 139. “" 12 O.S.1991, § 2606(B). A juror may testify about "extraneous prejudicial information," i.”
Okla. Stat. tit. 12, § 2606(b): 1 case
Propst v. Alexander, 898 P.2d 141 (Okla. 1995).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.