Rule 1.927.Separation and deliberation of jury
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.927
Plain-English Summary
Rule 1.927(1) sets the ground rules the moment a jury is sworn: the jury may not separate unless the court so orders, and the court must advise jurors of their duty not to converse with any other juror or person about the case, and not to be addressed on the subject of the trial. Jurors are also expected to try to avoid forming an opinion about the case until it is finally submitted to them — a discipline meant to keep the verdict grounded in the full trial record rather than a snap first impression.
Rule 1.927(2) picks up once the case is finally submitted. At that point the jury retires for deliberation and stays together in the charge of an officer until the jurors reach a verdict or are discharged, unless the court permits temporary separation overnight, on weekends or holidays, or in emergencies. The officer in charge is held to a strict standard of silence: no communication to the jurors except to ask whether they have agreed on a verdict, unless the court orders otherwise, and no communication to anyone else about the state of deliberations or the verdict before it is rendered.
Frequently Asked Questions
Can a sworn jury go home separately during a multi-day trial?
Not without a court order. Rule 1.927(1) provides that a jury once sworn shall not separate unless so ordered by the court.
Are jurors allowed to discuss the case with each other before deliberations begin?
No. Rule 1.927(1) requires the court to advise jurors of their duty not to converse with any other juror or person on the subject of the trial, and to try to avoid forming an opinion until the case is finally submitted.
Can a deliberating jury separate overnight?
Yes, if the court permits it. Rule 1.927(2) allows the court to let jurors separate temporarily overnight, on weekends or holidays, or in emergencies, even though the general rule is to keep them together during deliberations.
Can the officer in charge of a deliberating jury tell anyone how deliberations are going?
No. Rule 1.927(2) forbids the officer from communicating to any person the state of the jury's deliberations, or the verdict agreed upon, before it is rendered.
Can the officer ask the jury anything while they deliberate?
Only whether they have agreed on a verdict, unless the court orders otherwise. Rule 1.927(2) limits the officer to that single question absent a court order.