Except in actions in which a jury is required by statute, the parties may stipulate that the jury will consist of any number less than 12 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.
Last verified July 3, 2026
In one sentenceRule 48 lets parties agree to a smaller jury or a less-than-unanimous verdict, except where a statute requires a full 12-person jury.
Full Text of Rule 48
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 48 lets the parties stipulate that the jury will consist of fewer than 12 members, or that a verdict or finding by a stated majority of the jurors will count as the verdict or finding of the whole jury -- except in actions where a statute requires a jury of a specific size.
Frequently Asked Questions
Can the parties agree to a jury of fewer than 12 people?
Yes, by stipulation, except in actions where a statute requires a jury of a specific size.
Can a verdict be reached without a unanimous jury?
Yes, if the parties stipulate that a stated majority's verdict or finding will count as the jury's verdict or finding.
Is a stipulation to a smaller or non-unanimous jury always available?
No. Rule 48 doesn't apply in actions where a statute requires a jury of a specific size.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 48). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: stipulated jury sizeless than twelve jurorsmajority verdictnon-unanimous jury verdictreduced jury stipulation