JURIES OF LESS THAN NINE
MAJORITY VERDICT NUMBER OF
The parties may stipulate that the jury shall consist of any number less than nine or
verdict or finding of a stated majority of the jurors shall be taken as the verdict or finding of
(b) Jury of six.
In all civil actions in which a jury is impaneled, the jury shall consist of six
unless any party entitled to do so makes a written demand for a jury of nine in accordance
with Rule 38.
Unless a party demands a 9-member jury under Rule 38(c), a jury in a civil action must have 6 members whose verdict must be unanimous. The parties may stipulate to a jury of less than 6 members and to a majority verdict or finding.
Rule 48 was amended, effective January 1, 1988; ___________.
Rule 48 was amended, effective January 1, 1988, to provide for a jury of 6 members unless a jury of 9 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.
Sources: Joint Procedure Committee Minutes of ___________________;
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;
Fed.R.Civ.P. 48 , FRCivP.
Considered: N.D.C.C. § 28-14-03.1.
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.