The court may discharge a jury because of any accident or calamity requiring it, or by consent of all parties, or when on an amendment a continuance is ordered, or if they have deliberated until it satisfactorily appears that they cannot agree. The case shall be retried immediately or at a future time, as the court directs.
Rule 1.928.Discharge; retrial
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.928 lists the grounds on which the court may discharge a jury before verdict — accident, party consent, an amendment requiring continuance, or an unbreakable deadlock — and requires the case to be retried.
Full Text of Rule 1.928
Plain-English Summary
Not every jury reaches a verdict, and Rule 1.928 tells the court when it may discharge one that hasn't. The grounds are limited: an accident or calamity requiring discharge, consent of all the parties, a continuance ordered because of an amendment to the pleadings, or a jury that has deliberated until it satisfactorily appears the jurors cannot agree.
Discharge under this rule is not the end of the case. The rule requires the case to be retried, either immediately or at a future time, as the court directs — a hung jury or an interrupted trial sends the parties back to square one on that phase of the litigation, not out of court entirely.
Frequently Asked Questions
What can cause a court to discharge a jury before it reaches a verdict?
Rule 1.928 lists four grounds: an accident or calamity requiring it, consent of all parties, a continuance ordered because of an amendment, or a jury that has deliberated until it satisfactorily appears the jurors cannot agree.
What happens to the case after the jury is discharged for being deadlocked?
Rule 1.928 requires the case to be retried, either immediately or at a future time as the court directs, rather than ending the case.
Can the parties agree to have the jury discharged?
Yes. Consent of all the parties is one of the grounds Rule 1.928 lists for discharging the jury.
Does an amendment during trial automatically end the case?
No. If an amendment leads to a continuance being ordered, Rule 1.928 allows the jury to be discharged on that ground, but the case is then retried rather than dismissed.
How long must a jury deliberate before it can be discharged as deadlocked?
The rule does not set a specific number of hours; it authorizes discharge once the jury has deliberated until it satisfactorily appears the jurors cannot agree, leaving that judgment to the court.
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
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