1.917(1) Juror incapacity. In the event any juror becomes unable to act, or is disqualified, before the jury retires the remaining jurors shall continue to try the case.
Rule 1.917.Juror incapacity; minimum number of jurors
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.917 lets the remaining jurors carry on if one or two become unable to serve before the jury retires, but requires a mistrial if more than two are lost.
Full Text of Rule 1.917
(2) Minimum of six jurors required. In the event more than two jurors become unable to act, or are disqualified, before the jury retires and renders a verdict, the court shall declare a mistrial.
Plain-English Summary
Trials can run long, and jurors sometimes cannot finish what they started — illness, disqualification, or some other incapacity can strike before the case ever reaches the jury room. Rule 1.917(1) handles the routine version of this problem directly: if a juror becomes unable to act, or is disqualified, before the jury retires, the case continues with the jurors who remain. There is no need to start over for a single lost juror.
Rule 1.917(2) sets the outer limit on that flexibility. Iowa juries do not shrink without a floor — if more than two jurors become unable to act or are disqualified before the jury retires and renders a verdict, the court must declare a mistrial. Losing one or two jurors is a manageable bump in the road; losing three or more forces the case to start again.
Frequently Asked Questions
What happens if one juror becomes ill during trial and cannot continue?
Under Rule 1.917(1), if a juror becomes unable to act or is disqualified before the jury retires, the remaining jurors continue to try the case. The trial does not stop for a single juror's incapacity.
How many jurors can be lost before a mistrial is required?
Rule 1.917(2) requires the court to declare a mistrial if more than two jurors become unable to act or are disqualified before the jury retires and renders a verdict — so losing three or more triggers a mistrial.
Does this rule apply after the jury has already retired to deliberate?
No. Both provisions of Rule 1.917 are framed as applying before the jury retires and renders a verdict, so a juror's incapacity at that later stage is addressed elsewhere.
If two jurors are excused, does the case continue with the rest?
Yes. Rule 1.917 sets the mistrial threshold at more than two jurors becoming unable to act or disqualified, meaning the remaining jurors can continue when only one or two are lost.
Does 'disqualified' mean the same thing as 'unable to act' under this rule?
Rule 1.917 treats both situations the same way procedurally, grouping a juror who becomes unable to act with one who is disqualified for purposes of both the continuation rule and the mistrial threshold.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa juror incapacity ruleminimum number of jurors iowaiowa mistrial juror disqualifiediowa jury trial juror unable to serve