A trial jury shall consist of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which the parties may agree.
§ 220.Number of trial jury
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Enacted 1988 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 220 sets a trial jury at 12 persons, but allows civil cases and misdemeanor cases to proceed with a smaller jury if the parties agree.
Full Text of § 220
Plain-English Summary
Section 220 states the default size of a California trial jury: 12 persons. That default gives way in two settings — civil actions and misdemeanor cases — where the jury may consist of 12 or any smaller number the parties agree to.
Felony criminal trials do not get this flexibility under § 220; the 12-person jury there is fixed. In civil practice, by contrast, the size of the jury is a real point the parties can negotiate down through agreement, one of the more distinctive features of California civil jury trials.
Frequently Asked Questions
How many jurors are on a California civil jury?
Twelve by default, though § 220 lets the parties agree to a smaller number in civil cases.
Can the parties agree to fewer than 12 jurors in a civil case?
Yes. Section 220 allows a smaller jury in civil actions and misdemeanor cases if the parties consent.
Does Section 220’s smaller-jury option apply to felony trials?
No. The reduced-jury-size option applies to civil actions and misdemeanor cases, not felony trials.
Amendment History
Added Stats 1988 ch 1245 § 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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