Where as many as nine out of twelve jurors in a civil case agree upon a verdict, the verdict shall be returned as the verdict of such jury. The parties may, however, stipulate that a jury shall consist of any number less than twelve and that a verdict or finding of a stated majority thereof shall be taken as the verdict or finding of the jury. In any case where a verdict is less than unanimous, all jurors consenting to such verdict shall sign the same. If the verdict is unanimous, then the foreman only shall sign.
Rule 48.Number of Jurors — Verdict
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 48 allows a civil verdict in Arkansas to stand when nine of twelve jurors agree, lets the parties stipulate to a smaller jury and a different majority threshold, and spells out who must sign a verdict that is not unanimous.
Full Text of Rule 48
Reporter's Notes
Reporter’s Notes to Rule 48: 1. Rule 48 varies substantially from FRCP 48 and instead follows prior Arkansas law. This rule takes into account Amendment 16 to the Arkansas Constitution which permits nine or more jurors to agree upon a verdict. Under the Federal Rule, a unanimous verdict is required in every case unless the parties have agreed otherwise. Curry v. Moore- McCormick Lines, Inc., 51 F. R. D. 301 (D.C. N.Y., 1970).
2. Rule 48 goes further than prior Arkansas statutory law by permitting the parties to stipulate that fewer than twelve jurors may try a case and that a stated majority thereof may return a verdict. Under actual prior practice in this State, juries with fewer than twelve members have been quite common. This practice has not been officially sanctioned previously, however.
3. This rule continues the requirement that where the verdict is less than unanimous, those consenting must sign the verdict.
Plain-English Summary
Most people assume a jury verdict has to be unanimous. Arkansas has never required that in civil cases. Rule 48 carries forward a distinctly Arkansas approach, rooted in Amendment 16 to the state constitution: if nine of twelve jurors agree on a verdict, that agreement is enough to return it as the jury's verdict. There is no need for the other three to come around.
The rule goes a step further than the constitutional floor by giving the parties themselves some control over the process. They can stipulate to a jury of fewer than twelve members, and to a verdict or finding reached by whatever majority of that smaller group they agree to accept. Arkansas courts had been doing this informally for years before the rule made it an accepted, sanctioned practice.
Whatever number of jurors sign off, the signature requirement tracks how the verdict was reached. If the verdict is unanimous, the foreman alone signs it on behalf of the whole jury. If it is not unanimous, every juror who joined the winning majority has to sign, so the record shows exactly who agreed and, by omission, who did not.
Frequently Asked Questions
Do all twelve jurors have to agree for a civil verdict to count in Arkansas?
No. Rule 48 allows a verdict to stand when as few as nine of twelve jurors agree, reflecting Amendment 16 to the Arkansas Constitution rather than the unanimity that federal practice generally requires absent an agreement between the parties.
Can the parties agree to use fewer than twelve jurors?
Yes. The parties may stipulate to a jury of any size smaller than twelve, and to accepting a verdict or finding from whatever majority of that jury they agree upon in the stipulation.
Who has to sign the verdict form?
It depends on whether the verdict is unanimous. If all jurors agree, only the foreman signs. If the verdict was reached by less than all the jurors, every juror who joined in that verdict must sign it.
How is this different from the federal rule on jury verdicts?
The federal rule generally requires a unanimous verdict unless the parties agree otherwise. Rule 48 instead follows Arkansas’s own constitutional and statutory tradition, permitting less-than-unanimous verdicts as a matter of course rather than only by agreement.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
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