Personal knowledge of jurors.
1. The judge shall then admonish the jury that:
(a) No juror may declare to his fellow jurors any fact relating to the case as of his own knowledge; and
(b) If any juror discovers during the trial or after the jury has retired that he or any other juror has personal knowledge of any fact in controversy in the case, he shall disclose such situation to the judge out of the presence of the other jurors.
2. When any such disclosure is made, the judge shall examine the juror who admits or is alleged to have personal knowledge, under oath, in the presence of counsel for the parties, and may allow such counsel to examine the juror.
3. If the juror has disclosed his own knowledge to the judge and it appears that he has not declared any fact relating to the case to his fellow jurors as of his own knowledge, the judge shall after the examination decide whether the juror shall remain or shall be replaced by an alternate juror.
4. If it appears that the juror has declared any fact relating to the case to his fellow jurors as of his own knowledge, or that his vote was influenced by such knowledge undisclosed, the judge shall declare a mistrial.
Last modified: February 25, 2006