(a) Unanimous Verdict Not Required. A verdict may be rendered by not less than five-sixths of the jurors constituting a jury.
§ 4113.Disagreement by jury
Article 41. Trial by a Jury · Last amended 1963 · Last verified July 21, 2026
In one sentenceSection 4113 lets a New York civil jury reach a verdict with as few as five out of six jurors agreeing, and requires the court to discharge the jury and order a new trial before a different jury if even that reduced margin cannot be reached.
Full Text of CPLR 4113
(b) Procedure Where Jurors Disagree. Where five-sixths of the jurors constituting a jury cannot agree after being kept together for as long as is deemed reasonable by the court, the court shall discharge the jury and direct a new trial before another jury.
Plain-English Summary
Unanimity is not the rule for a civil jury in New York. Section 4113 lets a verdict stand so long as at least five-sixths of the jurors agree, five out of a standard six-person jury, rather than requiring every juror to sign on. That threshold gives a case a real chance to end in verdict even when one juror holds out.
When the jurors still cannot reach that five-sixths margin, the section tells the court what to do next. If the jury cannot agree after being kept together for as long as the court considers reasonable, the court has to discharge that jury and direct a new trial before a different one. The decision belongs to the court alone, not to any court officer who happened to be overseeing the jury, and the statute leaves the length of time the jury deliberates before that point to the court's judgment about what is reasonable under the circumstances of the case.
Frequently Asked Questions
Does a civil jury verdict have to be unanimous in New York?
No, a verdict can be rendered by not less than five-sixths of the jurors, five out of a standard six-person jury.
What happens if the jury can't reach even a five-sixths majority?
The court discharges the jury and directs a new trial before another jury, once it decides the jurors have been kept together as long as is reasonable.
How long does a hung jury have to deliberate before the court can declare a mistrial?
As long as the court deems reasonable under the circumstances; the statute doesn't set a fixed number of hours or days.
Who decides when to discharge a deadlocked jury?
The court alone, not a court officer or anyone else who may be supervising the jury.
Does a new trial after a hung jury use the same jurors?
No, the new trial proceeds before another jury entirely.
Advisory Committee Notes
This section incorporates the provisions of CPA §§ 463 and 463-a, with minor omissions. The officer before whom the jury was empaneled will no longer have power to discharge them upon disagreement. This is a function which should be exercised solely by the court. The second paragraph of § 463, which provided for partial retrial where the jury disagreement related to less than all of the issues, is omitted. This situation is covered by CPLR § 4404(a). The second sentence of § 463-a, which purported to make that section applicable whether or not the CPA was applicable, has been omitted. Because of this omission, the reference to civil cases is unnecessary and has been deleted. The specific authority for the court to direct an immediate new trial or a new trial before a jury regularly drawn for another term has been deleted as unnecessary. No change is intended.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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