The parties may stipulate that the jury shall consist of any number less than eight 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 eight — Majority verdict
Part VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 48 lets the parties agree to a jury smaller than eight or to accept a verdict without full unanimity.
Full Text of Rule 48
Plain-English Summary
Rule 48 is short but useful: the parties can stipulate that their jury will have fewer than eight members, or that a verdict counts as valid once a stated majority of the jurors — rather than every juror — agrees on it. Either stipulation, or both together, has to come from agreement between the parties; a court can't impose a smaller jury or a lower agreement threshold on its own.
This rule works hand in hand with Rule 47, which sets the default rule that three-fourths of the jurors need to agree on a verdict unless the parties have stipulated to something different under Rule 48. Parties might use a Rule 48 stipulation to speed up a trial, reduce the risk of a hung jury, or accommodate scheduling constraints that make seating a full jury difficult.
Frequently Asked Questions
Can the parties agree to a jury smaller than eight in a Utah civil case?
Yes. Rule 48 lets the parties stipulate to any number of jurors less than eight.
Can the parties agree that fewer than all jurors need to agree on a verdict?
Yes, that's the second option Rule 48 allows: the parties can stipulate that a verdict or finding reached by a stated majority of the jurors counts as the jury's verdict or finding.
Is a smaller jury or reduced-agreement verdict automatic, or does it require agreement?
It requires agreement. Rule 48 is entirely stipulation-based — the parties have to agree to it. Absent a stipulation, the default jury size and the three-fourths agreement rule in Rule 47 control.
How does Rule 48 relate to the three-fourths verdict rule in Rule 47?
Rule 47 sets three-fourths agreement as the default for a civil verdict. Rule 48 is the mechanism the parties use to change that default — either by shrinking the jury itself or by agreeing to a different majority threshold for the verdict.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: stipulate smaller jury utahurcp 48majority verdict utah civilsix person jury utahutah rule 48