The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
Rule 48.Juries of Less than Twelve — Majority Verdict
Part VI: Trials · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-48 lets the parties agree by stipulation to a jury smaller than twelve, to accept a verdict or finding reached by a stated majority of jurors instead of requiring unanimity, or to both at once.
Full Text of Rule 15-6-48
Plain-English Summary
Rule 15-6-48 is a short rule that hands control to the parties. By stipulation, they can agree the jury will have fewer than twelve members. They can also agree, separately or together with the smaller-jury option, that a verdict or finding reached by some stated majority of the jurors counts as the jury’s verdict or finding, rather than requiring every juror to agree.
Nothing about this happens on its own. The court does not impose a smaller jury or a majority verdict; Rule 15-6-48 leaves both choices to what the parties are willing to stipulate to.
Frequently Asked Questions
Can the parties agree to use fewer than twelve jurors in a South Dakota case?
Yes. Rule 15-6-48 lets the parties stipulate that the jury will consist of any number less than twelve.
Does a South Dakota jury verdict have to be unanimous?
Not necessarily. Rule 15-6-48 lets the parties stipulate that a verdict or finding reached by a stated majority of the jurors counts as the jury’s verdict or finding.
Who decides whether to use a smaller jury or a majority verdict?
The parties, through stipulation. Rule 15-6-48 does not let a court impose either option on its own.
Can I agree to a majority verdict without also agreeing to fewer than twelve jurors?
Yes. Rule 15-6-48 states the two options separately, so the parties can stipulate to a majority verdict on its own.
Does Rule 15-6-48 set a minimum jury size if the parties agree to fewer than twelve?
No. The rule sets no floor; it allows a stipulation to any number less than twelve.
Amendment History
—SD RCP, Rule 48, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as: south dakota jury size stipulationmajority verdict jury sd rule 48fewer than twelve jurors south dakotanon-unanimous jury verdict south dakotastipulate smaller jury sd civil case