CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......Juror as Witness
4 Cards On This Topic:
  • Before testifying, juror must first inform parties, outside presence of other jurors, of information upon which testimony is based.
  • If party objects, court shall declare mistrial if one side calls sitting juror to testify. Objection to calling of sitting juror as witness shall be deemed motion for mistrial.
  • Competency of juror as witness.
  • That a juror excused during trial for having overheard D calling W was later allowed to testify on the subject as DA's witness violated D's constitutional due process right to a fair trial.