Montana Competence - Unanimous Verdict
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FAQ
Rule 606(b) deals with juror testimony in an inquiry into the validity of a verdict or indictment. The House bill provides that a juror cannot testify about his mental processes or about the effect of anything upon his or another juror's mind as influencing him to assent to or dissent from a verdict or indictment.
Competency of juror as witness. (a) At the trial. ? 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.
In civil cases in California, three quarters of the jurors must agree in order for the jury to render a verdict. This contrasts with criminal cases, which require a unanimous verdict.
Thirty states allow a non-unanimous verdict to be effective in civil cases; the most common rule (in 16 states) allows a verdict based on 5/6ths of the jury. Only a minority of states retain the unanimous verdict requirement for civil cases.
Rule 606 - Juror's Competency as a Witness (a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence. (b) During an Inquiry into the Validity of a Verdict or Indictment.
§ 1866(g) prescribes the following sanctions for noncompliance with a jury summons: the imposition of a fine of not more than $1,000, imprisonment for not more than three days, performance of community service, or any combination thereof.
(a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
