Rule 48.Juries: Majority Verdict; Stipulation of Number of Jurors
Last amended July 1, 1972 · Last verified July 1, 2026
In one sentenceRule 48 lets a civil jury reach a verdict once three-fourths or more of its members agree, sets out how the verdict is polled and corrected, and lets the parties stipulate to a smaller jury than the rules would otherwise require.
Full Text of Rule 48
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In all civil actions, a jury shall render a verdict upon the concurrence of three-fourths or more of their number. The verdict shall be in writing and signed by each of the jurors concurring therein. All jurors shall then return to court where the judge shall cause the verdict to be read and inquiry made to determine if the verdict is that of three-fourths or more of the jurors. Upon request of either party, the jury shall be polled by asking each juror if the verdict is that of the juror; if more than one-fourth of the jurors answer in the negative, or if the verdict in substance is defective, the jurors must be sent out again for further deliberation. If three-fourths or more of the jurors answer affirmatively, the verdict is complete and the jury shall be discharged from the case. If the verdict is defective in form only, with the assent of the jurors and before their discharge, the court may correct it.
The parties may stipulate that the jury shall consist of any number less than the maximum number provided by Rule 38(B). For the purpose of rendering a verdict, whenever three-fourths of the jury does not consist of an integral number, the next higher number shall be construed to represent three-fourths of the jury. For juries with less than four members, the verdict must be unanimous.
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1971; July 1, 1972
Plain-English Summary
A civil verdict needs the concurrence of at least three-fourths of the jurors, written and signed by each juror who joins it. The full jury then returns to open court, where the judge has the verdict read and confirms it reflects at least a three-fourths majority. On either party's request, the jury is polled by asking each juror individually whether the verdict is that juror's own; if more than one-fourth answer no, or if the verdict is substantively defective, the jury is sent back for more deliberation. Once three-fourths or more confirm the verdict, it's complete and the jury is discharged -- though if the defect is only in form, the court may correct it with the jurors' agreement before they're discharged.
The rule also lets the parties stipulate to a jury smaller than the maximum Rule 38(B) would otherwise allow. Whenever three-fourths of that smaller jury isn't a whole number, the next higher whole number controls, and if the jury has fewer than four members, the verdict must be unanimous.
Frequently Asked Questions
How many jurors have to agree on a verdict in an Ohio civil case?
At least three-fourths of the jury. If three-fourths isn't a whole number, the next higher whole number is required.
What happens when a jury is polled and one or more jurors disagree with the verdict?
If more than one-fourth of the jurors say the verdict isn't theirs, or the verdict is substantively defective, the jury is sent back for further deliberation rather than being discharged.
Can the parties agree to a smaller jury than the rules provide?
Yes, by stipulation. But if the stipulated jury has fewer than four members, the verdict must be unanimous rather than by the usual three-fourths majority.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 48). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:majority verdictjury pollingthree-fourths verdict