This text of Fed. R. Civ. P. 48 (Number of Jurors; Verdict; Polling) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a)NUMBER OF JURORS. A jury must begin with at least 6 and no
more than 12 members, and each juror must participate in the ver-
dict unless excused under Rule 47(c).
(b)VERDICT. Unless the parties stipulate otherwise, the verdict
must be unanimous and must be returned by a jury of at least 6
members.
(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 una-
nimity 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.
(As amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec.
1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)
Special Verdict; General
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(a) NUMBER OF JURORS. A jury must begin with at least 6 and no
more than 12 members, and each juror must participate in the ver-
dict unless excused under Rule 47(c).
(b) VERDICT. Unless the parties stipulate otherwise, the verdict
must be unanimous and must be returned by a jury of at least 6
members.
(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 una-
nimity 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.
(As amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec.
1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)
Special Verdict; General Verdict and Questions
(a) SPECIALVERDICT.
(1) In General. The court may require a jury to return only
a special verdict in the form of a special written finding on
each issue of fact. The court may do so by:
(A) submitting written questions susceptible of a cat-
egorical or other brief answer;
(B) submitting written forms of the special findings that
might properly be made under the pleadings and evidence;
or
(C) using any other method that the court considers ap-
propriate.
(2) Instructions. The court must give the instructions and ex-
planations necessary to enable the jury to make its findings
on each submitted issue.
(3) Issues Not Submitted. A party waives the right to a jury
trial on any issue of fact raised by the pleadings or evidence
but not submitted to the jury unless, before the jury retires,
the party demands its submission to the jury. If the party does
not demand submission, the court may make a finding on the
issue. If the court makes no finding, it is considered to have
made a finding consistent with its judgment on the special
verdict.
(b) GENERALVERDICTWITHANSWERSTOWRITTENQUESTIONS.
(1) In General. The court may submit to the jury forms for
a general verdict, together with written questions on one or
more issues of fact that the jury must decide. The court must
give the instructions and explanations necessary to enable the
jury to render a general verdict and answer the questions in
writing, and must direct the jury to do both.
(2) Verdict and Answers Consistent. When the general verdict
and the answers are consistent, the court must approve, for
entry under Rule 58, an appropriate judgment on the verdict
and answers.
(3) Answers Inconsistent with the Verdict. When the answers
are consistent with each other but one or more is inconsistent
with the general verdict, the court may:
(A) approve, for entry under Rule 58, an appropriate
judgment according to the answers, notwithstanding the
general verdict;
(B) direct the jury to further consider its answers and
verdict; or
(C) order a new trial.
(4) Answers Inconsistent with Each Other and the Verdict. When
the answers are inconsistent with each other and one or more
is also inconsistent with the general verdict, judgment must
not be entered; instead, the court must direct the jury to fur-
ther consider its answers and verdict, or must order a new
trial.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)
. Judgment as a Matter of Law in a Jury Trial; Related Mo-
tion for a New Trial; Conditional Ruling
(a) JUDGMENTASAMATTEROFLAW.
(1) In General. If a party has been fully heard on an issue dur-
ing a jury trial and the court finds that a reasonable jury
would not have a legally sufficient evidentiary basis to find
for the party on that issue, the court may:
(A) resolve the issue against the party; and
(B) grant a motion for judgment as a matter of law
against the party on a claim or defense that, under the
controlling law, can be maintained or defeated only with
a favorable finding on that issue.
(2) Motion. A motion for judgment as a matter of law may be
made at any time before the case is submitted to the jury. The
motion must specify the judgment sought and the law and
facts that entitle the movant to the judgment.
(b) RENEWING THE MOTION AFTER TRIAL; ALTERNATIVE MOTION
FOR A NEW TRIAL. If the court does not grant a motion for judg-
ment as a matter of law made under Rule 50(a), the court is con-
sidered to have submitted the action to the jury subject to the
court’s later deciding the legal questions raised by the motion. No
later than 28 days after the entry of judgment—or if the motion
addresses a jury issue not decided by a verdict, no later than 28
days after the jury was discharged—the movant may file a re-
newed motion for judgment as a matter of law and may include an
alternative or joint request for a new trial under Rule 59. In ruling
on the renewed motion, the court may:
(1) allow judgment on the verdict, if the jury returned a ver-
dict;
(2) order a new trial; or
(3) direct the entry of judgment as a matter of law.
(c) GRANTING THE RENEWED MOTION; CONDITIONAL RULING ON A
MOTIONFORANEWTRIAL.
(1) In General. If the court grants a renewed motion for judg-
ment as a matter of law, it must also conditionally rule on
any motion for a new trial by determining whether a new trial
should be granted if the judgment is later vacated or reversed.
The court must state the grounds for conditionally granting
or denying the motion for a new trial.
(2) Effect of a Conditional Ruling. Conditionally granting the
motion for a new trial does not affect the judgment’s finality;
if the judgment is reversed, the new trial must proceed unless
the appellate court orders otherwise. If the motion for a new
trial is conditionally denied, the appellee may assert error in
that denial; if the judgment is reversed, the case must proceed
as the appellate court orders.
(d) TIME FOR A LOSING PARTY’S NEW-TRIAL MOTION. Any motion
for a new trial under Rule 59 by a party against whom judgment
as a matter of law is rendered must be filed no later than 28 days
after the entry of the judgment.
(e) DENYING THE MOTION FOR JUDGMENT AS A MATTER OF LAW;
REVERSAL ON APPEAL. If the court denies the motion for judgment
as a matter of law, the prevailing party may, as appellee, assert
grounds entitling it to a new trial should the appellate court con-
clude that the trial court erred in denying the motion. If the ap-
pellate court reverses the judgment, it may order a new trial, di-
rect the trial court to determine whether a new trial should be
granted, or direct the entry of judgment.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993;
Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 12, 2006, eff. Dec. 1, 2006; Apr.
30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)