Rule 48.Number of Jurors; Verdict; Polling
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 48
Comments
This rule is substantially similar to Federal Rule of Civil Procedure 48, as amended in 2007 and 2009, except for language in section (a), which specifies that the decision to empanel additional jurors rests with the court.
Section (c) regarding polling is new to the federal and Superior Court civil rules. In Harris v. United States, 622 A.2d 697 (D.C. 1993), the District of Columbia Court of Appeals examined under what conditions a trial court should require a jury to resume deliberations after a juror dissents in open court during a jury poll. The court noted that there is less coercive potential if the dissenting juror is earlier in line and the poll is terminated. Id. at 703.
Identical to Federal Rule of Civil Procedure 48 except that a jury demand under SCR Civ 38 is conclusively presumed to be to a jury of 6 persons unless the demand expressly states otherwise.
Plain-English Summary
Rule 48(a) sets the floor for a civil jury at 6 members, while letting the court empanel up to 6 additional jurors if it decides that is necessary — extra protection against losing enough jurors to fall below a quorum during a long trial. Every juror who remains on the panel participates in the verdict unless excused for good cause under Rule 47(c), so empaneling additional jurors does not create a separate pool of bench-sitters; each seated juror has a voice in the outcome unless something removes them along the way.
Rule 48(b) requires the verdict to be unanimous and returned by at least 6 jurors, unless the parties themselves stipulate to something different — a lower number of jurors, a non-unanimous threshold, or both. That default of unanimity among a minimum of 6 gives every civil litigant a known baseline while leaving room for the parties to agree on a different arrangement if that suits their case.
Rule 48(c) gives either party a right, and the court its own discretion, to poll the jury individually after a verdict comes back but before the jury is discharged — asking each juror, on the record, whether the verdict announced is in fact that juror's own. If the poll turns up a lack of unanimity, or a lack of assent from as many jurors as the parties had stipulated would need to agree, the court is not stuck with a defective verdict: it can send the jury back to deliberate further, or order a new trial altogether.
Frequently Asked Questions
What is the minimum size of a civil jury?
Rule 48(a) sets a floor of 6 jurors, though the court may empanel up to 6 additional jurors if it decides that is necessary for the trial.
Does the verdict have to be unanimous?
Yes, unless the parties agree otherwise. Rule 48(b) requires a unanimous verdict returned by at least 6 jurors, but the parties can stipulate to a different number of jurors or a non-unanimous threshold.
Can I ask that the jury be polled after it returns a verdict?
Yes. Rule 48(c) gives a party the right to request that the court poll the jurors individually after the verdict is returned but before the jury is discharged, and the court can also do this on its own.
What happens if polling shows the jurors do not all agree on the verdict?
Rule 48(c) lets the court either direct the jury to deliberate further or order a new trial if the poll reveals a lack of unanimity, or a lack of assent from the number of jurors the parties had stipulated to.
If a juror is excused during trial, does the jury size drop below 6?
Rule 48(a) works with Rule 47(c)'s authority to excuse a juror for good cause, and empaneling additional jurors at the outset guards against exactly that risk, since every juror who remains seated participates in the verdict unless excused along the way.