The parties may stipulate that the jury shall consist of any number less than 12 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
Group 6: Trials · Last amended July 1, 1967 · Last verified July 13, 2026
In one sentenceRule 48 lets the parties agree, by stipulation, to a civil jury smaller than the usual twelve members or to accept a verdict reached by a stated majority of the jurors rather than all of them.
Full Text of Rule 48
Amendment History
Adopted May 5, 1967, effective July 1, 1967.
Plain-English Summary
Rule 48 is short by design: it gives the parties a way to reshape the jury by agreement instead of by court order. They may stipulate that the jury will consist of any number fewer than 12, and they may separately stipulate that a verdict or finding reached by some stated majority of the jurors will count as the verdict or finding of the whole jury.
Both options depend on the parties agreeing; neither side can shrink the jury or loosen the agreement requirement on its own. Where no such stipulation is made, the size of the jury and the number of jurors who must agree on a verdict are governed by the ordinary rules on impaneling and verdicts elsewhere in these rules and in statute, including the 'any juror verdict' provision in Rule 49 that lets different combinations of ten or more jurors agree on different questions.
Frequently Asked Questions
Can the parties agree to try a case with fewer than 12 jurors?
Yes. Rule 48 allows the parties to stipulate to a jury of any number less than 12.
Can the parties agree that fewer than all the jurors need to agree on a verdict?
Yes, by stipulating that a verdict or finding of some stated majority of the jurors will be treated as the jury's verdict or finding.
Does a smaller jury happen automatically, or does it require agreement?
It requires a stipulation between the parties. Rule 48 does not shrink the jury on its own.
What is the default rule if the parties don't stipulate under Rule 48?
The standard jury-size and verdict-agreement rules apply, including the 'any juror verdict' provision addressed in Rule 49.
Can one party unilaterally demand a smaller jury under Rule 48?
No. The rule speaks in terms of the parties stipulating, meaning mutual agreement is required.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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