RULE 48. JURIES OF LESS THAN NINE--MAJORITY VERDICT
(a) Stipulation. The parties may stipulate that the jury shall consist of any number less than nine or that a verdict or finding of a stated majority of the jurors shall 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 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.
EXPLANATORY NOTE
Subdivision (b) 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 Section 28 14 03.1, N.D.C.C.
SOURCES: Joint Procedure Committee Minutes of 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 48, FRCivP.
CROSS REFERENCE: Rule 38 (Jury Trial of Right), N.D.R.Civ.P.; Rule 23 (Trial by Jury or by Court), N.D.R.Crim.P.