a Jury size. The parties may stipulate to a jury of fewer than 8 but not fewer than 3 members, exclusive of any alternate jurors who are permitted to deliberate.
Rule 48.Stipulations on jury size and verdict.
Last verified July 1, 2026
In one sentenceRule 48 lets the parties stipulate to a smaller jury, as few as three members, and to accept a verdict reached by fewer than all of them.
Full Text of Rule 48
b Verdict. The parties may stipulate that a verdict or a finding of a stated number of jurors be taken as the verdict or finding of the jury.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Rule 48 gives parties flexibility over two features of a civil jury that would otherwise be fixed. First, they can agree to try the case to a jury smaller than the usual size, so long as it has at least three members, not counting any alternates who are permitted to deliberate. Second, they can agree in advance that a verdict or finding reached by some stated number of jurors — rather than the number Rule 49 would otherwise require — will count as the jury's verdict.
Both options are entirely voluntary. Absent a stipulation, the jury keeps its ordinary size, and Rule 49 sets the default rule for how many jurors must agree before a verdict is valid.
Frequently Asked Questions
How small can a stipulated jury be?
No fewer than three members, not counting alternates who are permitted to deliberate.
Can the parties agree that a non-unanimous verdict counts?
Yes. They can stipulate that a verdict or finding reached by an agreed number of jurors will be treated as the jury's verdict or finding.
What happens if the parties don't stipulate to anything under this rule?
The jury keeps its normal size, and Rule 49's default rule on how many jurors must agree applies.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 48). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: jury-size stipulation rule