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
Group VI: Trials · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 48 lets the parties agree to try a civil case to fewer than twelve jurors and to accept a verdict reached by less than a unanimous jury.
Full Text of Rule 48
Notes
Reporter’s Notes: This rule is identical to Federal Rule 48. No express provision for a jury of less than twelve by agreement in the county court has been found in prior Vermont law, but the rule is consistent with the right of the parties to waive the jury entirely. See Reporter’s Notes to Rule 38. The stipulation for a jury of less than twelve should state the number of peremptory challenges to be allowed.
Plain-English Summary
A civil jury is not fixed at twelve members. Rule 48 lets the parties stipulate to a smaller panel, and it lets them go further and agree that a stated majority of whatever jurors are seated can return the verdict or finding, rather than requiring every juror to agree. Neither change happens on its own; both depend on the parties reaching an agreement and putting it before the court.
This is a narrower step than waiving the jury altogether under Rule 38. Shrinking the panel or accepting a majority verdict still leaves the case in the jury's hands; the parties have only adjusted how many people sit and how they must vote, not who decides the facts. The Reporter's Notes tie the rule to that same right to waive a jury, treating a stipulated jury of less than twelve as a smaller version of the same freedom to shape how a case gets tried.
Because the stipulation controls the size of the panel, it also affects how many peremptory challenges each side gets during jury selection. The Reporter's Notes flag this directly: a stipulation reducing the jury's size should also spell out how many peremptory challenges each side may exercise, so the parties and the court are not left guessing once selection begins.
Frequently Asked Questions
Does a civil jury in Vermont always have twelve members?
Not if the parties agree otherwise. Rule 48 lets the parties stipulate that the jury shall consist of any number less than twelve.
Can the parties agree to accept a verdict without full agreement among the jurors?
Yes. The rule lets the parties stipulate that a verdict or finding of a stated majority of the jurors will count as the verdict or finding of the jury, instead of requiring unanimity.
Who decides whether the jury will be smaller or the verdict need not be unanimous?
The parties do, by stipulation. The rule gives the court no independent role in shrinking the panel or relaxing the unanimity requirement; it depends entirely on the parties' agreement.
Should a stipulation for a smaller jury address peremptory challenges?
The Reporter's Notes say it should. Because the number of jurors affects jury selection, a stipulation for a jury of less than twelve should state how many peremptory challenges will be allowed.
Is stipulating to a smaller jury the same as waiving a jury trial?
No. Rule 48 lets the parties adjust the size of the jury and the vote needed for a verdict, but the case still goes to a jury. Waiving the jury trial entirely is a separate step governed by Rule 38.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: jury of less than twelvestipulated jury sizemajority verdict Vermontjury waiver distinctionVRCP 48