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Art. 1797.Number Required For Verdict

Book II. Ordinary Proceedings · Title V. Trial · Chapter 7. Jury Trial · Enacted 1983 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 1797 sets the concurrence needed for a Louisiana civil verdict at five of six jurors or nine of twelve jurors, unless the parties stipulate a different number, and requires parties who agreed under Article 1761 to proceed with a shrunken jury to also fix in advance how many of the remaining jurors must agree.

Full Text of Art. 1797

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A. If trial is by a jury of six, five of the jurors must concur to render a verdict unless the parties stipulate otherwise. B. If trial is by a jury of twelve, nine of the jurors must concur to render a verdict unless the parties stipulate otherwise. C. If the parties have stipulated pursuant to Article 1761(B) that the remaining jurors shall try the issues specified if members of the jury die or become disqualified, they also shall stipulate as to the number of jurors who must concur to render a verdict.

Amendment History

Added by Acts 1983, No. 534, §7.

Plain-English Summary

Louisiana does not require a unanimous verdict in a civil jury trial by default. Article 1797 sets the concurrence threshold instead: five of six jurors must agree to render a verdict when the jury has six members, and nine of twelve must agree when the jury has the full twelve, unless the parties stipulate a different number. That flexibility cuts both ways — parties are free to stipulate to a higher threshold, including unanimity, if they prefer it to the default.

Paragraph C connects this article back to Article 1761's provision for a shrinking jury. If the parties have already stipulated that the case will proceed with fewer jurors when members die or become disqualified, they also have to fix, as part of that same stipulation, how many of the jurors who remain must concur to reach a verdict — closing a gap that would otherwise be left open once the jury's original size no longer matches the default concurrence numbers in Paragraphs A and B.

Frequently Asked Questions

Does a Louisiana civil jury verdict have to be unanimous?

No. Five of six jurors or nine of twelve jurors must concur, unless the parties stipulate a different number.

Can parties agree to require a unanimous verdict anyway?

Yes. Article 1797 allows the parties to stipulate to a different concurrence number, including a higher one, in place of the default.

What if jurors are lost mid-trial under an Article 1761 stipulation?

The parties must also stipulate in advance how many of the remaining jurors need to concur to reach a verdict.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
Also known as: Louisiana civil jury verdict unanimityArticle 1797 Louisiana Code of Civil Procedurenine of twelve jurors verdict Louisiananon-unanimous civil jury verdict Louisiana