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It is common knowledge among trial lawyers that you should never speak to jurors during the trial and while they are deliberating. In fact, New Jersey judges typically warn jurors after every break that they should not speak to anyone about the case, including other jurors, until they commence their deliberations.
However, many lawyers, particularly younger lawyers, are not aware that the prohibition against speaking with jurors applies even after trial. Pursuant to Rule 1:16-1 of the New Jersey Rules Governing the Courts, jurors may not be directly or indirectly interviewed or questioned subsequent to the trial on any matter relating to the case.
The purpose of the Rule is to encourage freedom of debate among jurors. This open debate could be chilled if jurors felt that they would be interrogated after the trial by attorneys or their investigators.
As a practical matter, I have always declined any conversation with jurors after the case and judges, in my experience, typically advise the jurors that if they attempt to speak to lawyers in the case, the lawyers will not respond, which they should not view as rude, but rather, as the compliance with an ethical requirement.
Many states do not have a similar prohibition regarding speaking with jurors after the case is concluded. Rule 1:16-1 does have its exceptions in New Jersey. Upon a showing of good cause, jurors can be interviewed.
Good cause is typically applicable in circumstances where there is some evidence that the deliberations were tainted by a communication or the injection of information into the jury room by an outside source. Jurors are required to limit their deliberations to the evidence that is presented to them in Court and are not permitted to engage in Google searches or other efforts to get information to help them in their deliberations.
In short, it is critical for attorneys to understand that they should never speak to jurors about the case, other than during trial and on the record.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
