The parties may stipulate that the jury shall consist of any number less than provided by law 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.
Rule 48.Juries of less than twelve -- Majority verdict.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 48 lets the parties in a civil case agree by stipulation to a jury of fewer than twelve, or agree that a verdict reached by a stated majority of the jurors -- instead of unanimous agreement -- will count as the jury's verdict.
Full Text of Rule 48
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Kentucky's default civil jury has twelve members, and its verdict is ordinarily unanimous. Rule 48 lets the parties change either default by agreement. They can stipulate to a jury smaller than twelve. They can also stipulate that a verdict reached by some stated majority of the jurors -- instead of every juror agreeing -- will stand as the jury's verdict.
The rule doesn't set the size of the smaller jury or the size of the majority; the parties work that out between themselves and put it in a stipulation. Without an agreement, the ordinary twelve-member, unanimous-verdict rules govern.
Frequently Asked Questions
Can a Kentucky civil jury have fewer than twelve people?
Yes, if the parties agree. Rule 48 lets the parties stipulate to a jury smaller than Kentucky's default twelve-member civil jury.
Does a Kentucky civil jury verdict have to be unanimous?
Not if the parties agree otherwise. Rule 48 lets the parties stipulate that a verdict reached by a stated majority of the jurors will count as the verdict, instead of requiring every juror to agree.
Who decides how small the jury can be or what majority counts under Rule 48?
The parties do, by stipulation. The rule doesn't fix an alternate size or majority number -- it lets the parties agree to whatever number they choose in place of the usual twelve-member, unanimous-verdict defaults.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 48). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: Kentucky jury of less than twelveCR 48majority verdict Kentucky civil casecan parties agree to a smaller jury Kentuckynon-unanimous verdict Kentucky civil trial