I just read a news story about a jury being deadlocked 9-3 in a civil trial. In California, 9-3 is enough for a verdict. What’s the rule federal court?
I tried several court links, but could not find the answer.
I just read a news story about a jury being deadlocked 9-3 in a civil trial. In California, 9-3 is enough for a verdict. What’s the rule federal court?
I tried several court links, but could not find the answer.
Federal Rule of Civil Procedure 48:
The court shall seat a jury of not fewer than six and not more than twelve members and all jurors shall participate in the verdict unless excused from service by the court pursuant to Rule 47©. Unless the parties otherwise stipulate, (1) the verdict shall be unanaimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members.
In the link below I referred to the book Understanding the Constitution. As I recall, on the same page of that book, in the commentary on Amendment VII, it says that the verdict need not be unanimous, which fact is apparently quite remarkable to the authors. Unfortunately, I am away from home and don’t have the book with me, so I can’t give you a case cite.