The parties may stipulate that the jury shall consist of any number less than six (6) at any time before the jury is selected 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 at any time before the verdict has been announced.
Rule 48.Juries of less than six--Majority verdict
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 48 lets the parties agree, before the jury is chosen, to try a civil case with fewer than six jurors, and lets them agree at any point before the verdict is announced that a stated majority of jurors — rather than all of them — can decide the case.
Full Text of Rule 48
Amendment History
This rule’s current text took effect August 17, 1983. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 48 gives the parties in a civil case two ways to change how the jury decides their dispute, but only if both sides agree. The first lets them shrink the jury below the standard six set by Rule 47 — to any smaller number they choose. That agreement has to happen before the jury is selected, since it determines how many people get seated and questioned in the first place.
The second lets the parties change what counts as a verdict. Ordinarily, everyone on the jury has to agree before their decision counts as the jury’s verdict. Rule 48 lets the parties stipulate instead that a stated majority — however they define it — will be treated as the verdict of the whole jury. Unlike the smaller-jury agreement, this one can be made at any point up until the verdict is announced, which gives the parties room to adjust their approach even after the trial is underway. Either stipulation is a matter of mutual agreement, not something one side or the court can impose alone.
Frequently Asked Questions
Can I ask the court for a smaller jury on my own?
No. Rule 48 requires a stipulation — both sides have to agree to try the case with fewer than six jurors. Neither the court nor one party alone can impose a smaller jury.
By when do the parties have to agree to a smaller jury?
Before the jury is selected. Once selection begins, the size set by Rule 47 governs unless the parties reached their agreement beforehand.
Is a unanimous verdict required in Indiana civil trials?
That is the default — Rule 48 exists specifically to let the parties depart from it by agreeing that a stated majority of the jurors, rather than all of them, will count as the jury’s verdict.
How late can the parties agree to accept a majority verdict instead of a unanimous one?
Any time before the verdict has been announced. Unlike the smaller-jury stipulation, which has to happen before jury selection, a majority-verdict agreement can be reached later in the case, even while the jury is deliberating.
Does a majority-verdict stipulation have to specify what the majority is?
Yes. The parties agree to a stated majority — for example, a specific number of jurors out of however many are seated — rather than leaving the threshold open-ended.
What happens if the parties never stipulate to anything under Rule 48?
The default rules apply: a jury of six under Rule 47, deciding by unanimous verdict.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 48). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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