D-10 (3) Quaere: What about state rules re "clear and convincing evidence", etc., which deal with burden of proof? (1) Juror may only testify re "extraneous prejudicial information improperly brought to the jury's attention or whether any outside influence was improperly brought to bear." 606. (2) Nor can court receive affidavit in lieu of testimony. (3) Rule apparently would also prevent use of juror's testimony to BIBLIOGRAPHY Weinstein, Berger. WEINSTEN'S EVIDENCE. 6 Vols., New York, New York: McCormick, Cleary, et.al., EVIDENCE, 2nd Ed. St. Paul, Minn. West Publishing Co. 1972. Wigmore, John H. WIGMORE ON EVIDENCE 3rd Ed. Pocket Supplement by Reiser, Jr., Walter A., Boston, Mass., Little Brown & Co. 1977. Wright, Graham, FEDERAL PRACTICE AND PROCEDURE. Vol. 21-22, St. Paul, Minn. West Publishing Co. 1977. Grace, Steffen W., D.C. Statutory and Case Law Annotations to Fed. Rules of Evidence, June, 1974. |