Rule 48: Number of Jurors; Verdict; Polling

Rule 48 sets the ground rules for jury composition and verdicts in federal civil cases. A jury must start with at least 6 and no more than 12 jurors. During trial, jurors may be lost to illness or other causes, but the jury must retain at least 6 members when it delivers its verdict.

Unless all parties agree otherwise, the verdict must be unanimous. This is a significant requirement in civil cases — all jurors must agree on the outcome. If the jury is hopelessly deadlocked and cannot reach a unanimous verdict, the court may declare a mistrial and the case will need to be retried.

After the jury announces its verdict, any party has the right to have the jurors polled — each juror is asked individually whether they assent to the verdict. If a juror indicates they do not agree, the court may direct the jury to continue deliberating or declare a mistrial.