When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place, under charge of an officer, until at least three- fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his or her charge shall not permit any communication to be made to them, including any form of electronic or wireless communication, or make any himself or herself, except to ask them if they or three-fourths of them are agreed upon a verdict. The officer shall not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon.
§ 613.Jury Deciding to Retire For Deliberation
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 2012 · Last verified July 28, 2026
In one sentenceSection 613 lets a jury decide the case in the courtroom or retire to deliberate, requiring a retiring jury to stay together under an officer's charge until at least three-fourths agree on a verdict or the court discharges them, and barring the officer from communicating with jurors except to ask whether they've reached agreement.
Full Text of § 613
Plain-English Summary
Once the case is finally submitted, the jury has a choice: decide right there in the courtroom, or retire to deliberate. If they retire, § 613 requires them to be kept together in a convenient place, under the charge of an officer, until at least three-fourths of them reach agreement on a verdict or the court discharges them.
While they're together, the officer has strict limits. Unless the court orders otherwise, the officer can't permit any communication to the jury — including electronic or wireless communication — or initiate any, except to ask whether they, or three-fourths of them, have agreed on a verdict.
The officer's silence extends past the verdict itself: before the verdict is rendered, the officer can't disclose to anyone the state of the jury's deliberations, or what the verdict is.
Frequently Asked Questions
Does a jury have to retire to deliberate?
No. Section 613 lets them decide the case in court, or retire for deliberation.
What fraction of the jury must agree on a verdict?
At least three-fourths, unless the jury is discharged first.
Can the officer in charge of the jury talk to them during deliberation?
Only to ask whether they, or three-fourths of them, have agreed on a verdict, unless the court orders otherwise. This includes a ban on electronic or wireless communication.
Can the officer reveal the verdict before it's rendered in court?
No. The officer can't disclose to any person the state of the jury's deliberations or the verdict agreed upon before it's officially rendered.
Amendment History
Amended by Stats 2011 ch 181 (AB 141),s 2, eff. 1/1/2012.
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
Also known as: jury deliberation california rulesofficer in charge of jury