Last amended December 1, 2009 · Last verified June 30, 2026
In one sentenceRule 48 requires a civil jury of at least 6 and no more than 12 members who each participate in the verdict unless excused; the verdict must be unanimous and returned by at least 6 jurors unless the parties stipulate otherwise, and the court may poll the jury.
(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 verdict 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 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.
End
Amendment History
(Amended April 30, 1991, effective December 1, 1991; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009.)
Plain-English Summary
Rule 48 fixes the size and unanimity of a federal civil jury. A jury must begin with at least 6 and no more than 12 members, and — unlike the old practice of seating alternates — every juror participates in the verdict unless excused for good cause during trial.
The default is a unanimous verdict returned by a jury of at least 6, though the parties may stipulate to a nonunanimous verdict or to a verdict by fewer jurors. 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 to confirm that each agrees.
Frequently Asked Questions
How many jurors are on a federal civil jury?
At least 6 and no more than 12, and each seated juror participates in the verdict unless excused (Rule 48(a)).
Does a federal civil verdict have to be unanimous?
Yes, unless the parties stipulate otherwise; the verdict must be unanimous and returned by a jury of at least 6 members (Rule 48(b)).
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 48), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 48Fed. R. Civ. P. 48number of jurorsjury sizeunanimous verdictpolling the jury