Last amended February 1, 2005 · Last verified June 28, 2026
In one sentenceRule 292 lets the same ten or more of a twelve-person jury (or five or more of six) return a verdict, but requires a unanimous jury to award exemplary damages.
(a)Except as provided in subsection (b), a verdict may be rendered in any cause by the concurrence, as to each and all answers made, of the same ten or more members of an original jury of twelve or of the same five or more members of an original jury of six. However, where as many as three jurors die or be disabled from sitting and there are only nine of the jurors remaining of an original jury of twelve, those remaining may render and return a verdict. If less than the original twelve or six jurors render a verdict, the verdict must be signed by each juror concurring therein.
(b)A verdict may be rendered awarding exemplary damages only if the jury was unanimous in finding liability for and the amount of exemplary damages.
End
Notes and Comments
Comment to 2005 change: The rule is divided into two subsections. Subsection (a) is clarified. Subsection (b) is added to make the rule consistent with Act of June 2, 2003, 78th Leg., R.S., ch. 204, § 13.04, 2003 Tex. Gen. Laws 847, 888, codified as Tex. Civ. Prac. & Rem. Code § 41.003.
Plain-English Summary
Rule 292 sets how much of the jury must agree. A verdict may be rendered on the concurrence — as to each and every answer — of the same ten or more members of an original jury of twelve, or the same five or more of an original jury of six. If as many as three jurors die or are disabled, leaving nine of an original twelve, those nine may render a verdict. When fewer than all jurors render a verdict, each concurring juror must sign it.
Exemplary damages are the exception. Under subsection (b), a verdict may award exemplary damages only if the jury was unanimous on both liability for and the amount of those damages — a higher bar than the ordinary ten-of-twelve verdict.
Frequently Asked Questions
How many jurors must agree on a verdict in Texas?
Under Rule 292, the same ten or more of a twelve-person jury, or five or more of a six-person jury, must concur on every answer.
Does a Texas jury have to be unanimous to award punitive damages?
Yes. Rule 292(b) requires a unanimous jury on both liability for and the amount of exemplary (punitive) damages.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 292), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:verdict by portion of juryten of twelvefive of sixnon-unanimous verdictexemplary damages unanimityTRCP 292