EZRCP · North Dakota · Rules of Civil Procedure · N.D.R.Civ.P. 48

N.D.R.Civ.P. 48. — NUMBER OF JURORS; VERDICT

North Dakota · Rules of Civil Procedure

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Rule text

(a) Stipulation. The parties may stipulate that the jury will consist of any number fewer than nine or that a verdict or finding of a stated majority of the jurors will 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 must 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.

(c) Polling. After a verdict is returned but before the jury is discharged, the court must on a party's request, or may on its own, poll the jurors individually. If the poll reveals a lack of unanimity or lack of assent by the number of jurors that the parties stipulated to, the court may direct the jury to deliberate further or may order a new trial.