Rule 48.Juries: Majority Verdict; Stipulation of Number of Jurors

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.