(a) Fewer than six. The parties may stipulate that the jury shall consist of any number fewer than six
Rule 48.Juries; verdict; polling
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 48 lets the parties stipulate to a jury of fewer than six, requires a unanimous verdict unless the parties agree otherwise, and gives any party the right to have the jury polled individually after a verdict, with the court able to order further deliberation or a new trial if the poll shows a lack of the required agreement.
Full Text of Rule 48
(b) Verdict. Unless the parties stipulate otherwise, the verdict shall be unanimous.
(c) Polling. After a verdict is returned, but before the jury is discharged, the court shall on a party’s request, or may on its own, poll the jurors individually. If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties stipulated to, the court may direct the jury to deliberate further or may order a new trial.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 48 leaves a few of the jury's core features open to party agreement. The standard six-person jury can shrink if the parties stipulate to a smaller number, and the standard requirement of a unanimous verdict can loosen if the parties stipulate to something less.
After the jury returns its verdict but before it's discharged, any party can demand the jurors be polled individually — and the court can order polling on its own even without a request. If that poll reveals the jurors weren't unanimous, or didn't reach whatever level of agreement the parties stipulated to, the court doesn't just accept the verdict as given: it can send the jury back to deliberate further, or order a new trial.
Frequently Asked Questions
Can the parties agree to a jury smaller than six people?
Yes. Rule 48(a) lets the parties stipulate to any number fewer than six.
Does a jury verdict have to be unanimous?
Yes, unless the parties stipulate otherwise.
What is jury polling, and when can I request it?
After the verdict is returned but before the jury is discharged, any party can request the jurors be polled individually to confirm each one agrees with the verdict; the court can also do this on its own.
What happens if a poll shows the jury wasn't unanimous?
The court can direct the jury to keep deliberating, or order a new trial.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 48). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: jury pollingunanimous verdict requirementstipulating to fewer jurors