The parties may stipulate that the jury shall consist of any number less than 12 or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury. (See section 635-20 of the Hawai‘i Revised Statutes.)
Rule 48.Juries of Less than Twelve — Majority Verdict.
Last verified July 3, 2026
In one sentenceRule 48 lets the parties agree to a jury of fewer than 12 people, or to accept a verdict reached by less than unanimous agreement.
Full Text of Rule 48
Plain-English Summary
By stipulation, the parties can shrink the jury below the usual 12 members, or agree that a verdict or finding by a stated majority of the jurors will count as the jury's verdict or finding, rather than requiring every juror to agree.
This flexibility tracks the option already available under Hawaii statute, letting the parties tailor jury size and the unanimity requirement to what suits their case, so long as they agree.
Frequently Asked Questions
Can the parties agree to a jury smaller than 12 people?
Yes, by stipulation under Rule 48.
Does a jury verdict always have to be unanimous?
No, if the parties stipulate otherwise. Rule 48 lets them agree that a stated majority's verdict or finding will count as the jury's own.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 48). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: jury of less than twelvemajority verdictstipulated jury size