(a) Stipulation. The parties may stipulate that the jury will consist of any number fewer than nine or that a verdict or finding of a stated majority of the jurors will be taken as the verdict or finding of the jury.
Rule 48.Number of Jurors; Verdict
Group VI: Trials · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 48 sets a default civil jury of six unless a party properly demands nine, lets the parties stipulate to a smaller jury or a majority-verdict standard, and requires the court to poll the jury on request after a verdict is returned but before it is discharged.
Full Text of Rule 48
(c) Polling. After a verdict is returned but before the jury is discharged, the court must on a party's request, or may on its own, poll the jurors individually. If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties stipulated to, the court may direct the jury to deliberate further or may order a new trial.
Explanatory Note
Rule 48 was amended, effective January 1, 1988; March 1, 2011. Rule 48 was amended, effective January 1, 1988, to provide for a jury of six members unless a jury of nine is properly demanded. This is in accordance with N.D.C.C. § 28-14-03.1. Rule 48 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivision (c) was added, effective March 1, 2011, to track the December 1, 2009, federal amendment. Subdivision (c) allows a court to poll the jury individually on its own and requires a poll at a party's request.
Plain-English Summary
Rule 48(b) sets the default: in every civil action where a jury is impaneled, it consists of six qualified jurors, unless a party entitled to do so makes a written demand for a jury of nine in accordance with Rule 38. Rule 48(a) gives the parties room to depart from either the six-member default or unanimity — they may stipulate that the jury will have any number fewer than nine, or that a verdict or finding by some stated majority of the jurors will count as the jury's verdict or finding.
Rule 48(c) covers what happens after the jury returns its verdict. Before the jury is discharged, the court must poll the jurors individually if a party asks, and may do so on its own even without a request. If that poll turns up a lack of unanimity, or a lack of assent by whatever number of jurors the parties stipulated to, the court can send the jury back to deliberate further or order a new trial. Polling gives each side a last check that the announced verdict reflects every juror's individual assent before the jury disperses.
Frequently Asked Questions
How many jurors sit on a civil jury in North Dakota by default?
Rule 48(b) sets the default at six qualified jurors, unless a party entitled to do so makes a written demand for a jury of nine under Rule 38.
Can the parties agree to a jury smaller than six?
Yes. Rule 48(a) lets the parties stipulate to any number of jurors fewer than nine, and also lets them agree that a stated majority's verdict or finding will count as the jury's.
How do I get a jury of nine instead of six?
Rule 48(b) requires a written demand for a jury of nine, made in accordance with Rule 38, by a party entitled to make that demand.
Can I ask the court to confirm that each juror agrees with the verdict?
Yes. Rule 48(c) requires the court to poll the jurors individually on a party's request after the verdict is returned but before the jury is discharged, and the court may do so on its own even without a request.
What happens if polling shows the jurors don't agree after all?
Rule 48(c) allows the court to direct the jury to deliberate further or to order a new trial if the poll reveals a lack of unanimity or a lack of assent by the number of jurors the parties stipulated to.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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