Rule text
Juries in the magistrate court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence, the members of the jury shall be kept together until five of them agree upon a verdict or are discharged by the magistrate. Whenever the magistrate is satisfied that five jurors cannot agree on a verdict after a reasonable time, he may discharge it and summon a new jury unless the parties agree that the magistrate may render judgment.
Notes
ANNOTATIONS
Cross references. -- For trial by magistrate jury, see Section 35-8-4 NMSA 1978.
For discharge of jury upon failure to agree, see Section 35-8-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. -- 47 Am. Jur. 2d Jury §§ 1, 2.
89 C.J.S. Trial §§ 462, 473.