The parties may stipulate that the jury shall will consist of any number less fewer than nine or that a verdict or finding of a stated majority of the jurors shall will be taken as the verdict or finding of the jury.
(b) Jury of six.
In all civil actions in which a jury is impaneled, the jury shall must consist of six qualified jurors, unless any party entitled to do so makes a written demand for a jury of nine in accordance with Rule 38.
After a verdict is returned but before the jury is discharged, the court must 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.
Rule 48 was amended, effective January 1, 1988; ___________.
Rule 48 was amended, effective January 1, 1988, to provide for a jury of 6 six members unless a jury of 9 nine is properly demanded. This is in accordance with N.D.C.C. § 28-14-03.1.
Rule 48 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (c) was added, effective ______________, to track the 2009 federal amendment. Subdivision (c) allows a court to poll the jury individually on its own and requires a poll at a party’s request.
Sources: Joint Procedure Committee Minutes of ___________________; September 24-25, 2009, pages 18-19; September 18-19, 1986, page 3; September 26-27, 1985, pages 3-4; November 29-30, 1979, page 12; September 15-16, 1977, page 4; June 2-3, 1977, page 8; Rule Fed.R.Civ.P. 48, FRCivP.
Considered: N.D.C.C. § 28-14-03.1.
Cross Reference: Rule N.D.R.Civ.P. 38 (Jury Trial of Right), N.D.R.Civ.P.; Rule N.D.R.Crim.P. 23 (Trial by Jury or by Court), N.D.R.Crim.P.