Rule 48.Number of Jurors -- Majority Verdict
Effective July 1, 1974 · Last amended March 1, 2008 · Last verified June 26, 2026
Full Text of Rule 48
Rule History
Effective July 1, 1974. Amended November 28, 2007, effective March 1, 2008.
Reporter’s Notes
(2008)
The title of Rule 48 has been changed to "Number of Jurors--Majority Verdict" in light of the fact that there are six-person juries in the District Court. The language of Rule 48 has likewise been amended.
(1996)
With the merger of the District Court rules into the Mass.R.Civ.P., Rule 48 has been made applicable to the District Court, to the extent that Massachusetts law permits trial by jury in District Court civil actions.
(1973)
Rule 48 is the same as Federal Rule 48. Its provisions should be read in connection with Mass.G.L. c. 234, ss. 34A and 34B. Under section 34A, an agreement of five-sixths of the jury suffices to render a verdict. Under section 34B, if during trial a juror is unable to perform his duty for good cause (e.g.- death, illness) the trial may proceed with the remaining jurors, except that no trial may proceed with less than ten jurors unless the parties agree to the lesser number.
Plain-English Summary
Rule 48 is about party agreement on the jury. By stipulation, the parties may try the case to fewer than twelve jurors (fewer than six in the District Court), and they may agree that the verdict or finding of a stated majority of the jurors will be taken as the jury's verdict. Absent such a stipulation, the ordinary jury size and unanimity rules apply.
Frequently Asked Questions
Can a civil jury have fewer than twelve members?
Yes, by stipulation of the parties—fewer than twelve, or fewer than six in the District Court. Without an agreement, the usual jury size applies.
Can the parties agree to a non-unanimous verdict?
Yes. Under Rule 48 the parties may stipulate that the verdict or finding of a stated majority of the jurors will be taken as the verdict of the jury.