Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
R.S.1867, Code § 291, p. 443; R.S.1913, § 7862; C.S.1922, § 8806; C.S.1929, § 20-1123; R.S.1943, § 25-1123.
Section 25-1123 walks through the last steps of a jury trial, from a finished verdict to a discharged jury. The verdict must be written and signed by the foreman. The clerk then reads it to the jury and asks whether it is their verdict — a direct check that what is written matches what the jury agreed to.
If any juror disagrees at that point, the jury is sent back out, because a verdict is not final until every juror confirms it — subject to the five-sixths procedure in section 25-1125 for verdicts that are not unanimous. If no juror expresses disagreement, and neither party asks that the jury be polled under section 25-1124, the verdict is complete and the jury is discharged from the case.
The statute also addresses a narrower problem: a verdict that is defective only in its form, not its substance. If that happens, the court may correct it, but only with the jury’s assent and only before the jury is discharged. Once the jury has left the case, that window for a form correction closes.
Yes. Section 25-1123 requires the verdict to be written and signed by the foreman before it is read to the jury.
The jury must be sent out again for further deliberation, since a verdict is not complete if a juror expresses disagreement at that point.
When no juror expresses disagreement after the clerk reads it, and neither party requires the jury to be polled — at that point the verdict is complete and the jury is discharged from the case.
Yes, if the defect is one of form only, the court may correct it, but only with the jury’s assent and only before the jury is discharged.
Section 25-1123 addresses form-only defects specifically; a verdict with a substantive problem is not something this correction procedure is meant to fix.
No. Polling happens only if a party requires it under section 25-1124; without a request, the jury is discharged once the verdict is read and no juror disagrees.