A MANUAL OF JURY TRIAL PROCEDURES
- 2004
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Table of Contents
Chapter Two: Jury Selection
2.11 Number
of Jurors and Alternate Jurors
A.
Civil Trials
B.
Criminal Trials
A MANUAL OF JURY TRIAL PROCEDURES - 2004
A. Number of Jurors and Alternate Jurors: Civil Trials
1.
Number of JurorsA court may not seat a jury of fewer than six nor more than twelve.
See Fed. R. Civ. P. 48.2.
AlternatesThe selection of alternate jurors in civil trials was discontinued because of the burden placed on alternates who were required to listen to the evidence "but denied the satisfaction of participating in its evaluation." Advisory Committee Note, Fed. R. Civ. P. 47(b) (1991). The possibility of mistrial was mitigated by Rule 48 providing for a minimum jury size of six for rendering a verdict. Obviously, the judge should increase the jury to more than six so that if jury depletion occurs, at least six jurors remain to render a verdict.
3.
Unanimous VerdictUnless otherwise stipulated by the parties, a jury§s verdict must be unanimous. Fed. R. Civ. P. 48.
A MANUAL OF JURY TRIAL PROCEDURES - 2004
B. Number of Jurors and Alternate Jurors: Criminal Trials
1.
Number of JurorsFed. R. Crim. P. 23(b) specifies that juries in criminal trials must consist of twelve members. The rule also governs stipulations by the parties to a jury of less than twelve and/or the rendering of a verdict by less than twelve jurors.
2.
AlternatesIn criminal actions, the court may direct that no more than six jurors, in addition to the regular jurors, be called and impaneled to sit as alternate jurors. Fed. R. Crim. P. 24(c).
3.
Unanimous VerdictThe verdict must be unanimous. Fed. R. Crim. P. 31(a).