Rule 48.Juries of less than twelve -- Majority verdict.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 48
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Kentucky law fixes both the size of a civil jury and the number of jurors who must concur in a verdict. Rule 48 lets the parties change either by agreement. They can stipulate to a jury smaller than twelve. They can also stipulate that a verdict reached by some stated majority of the jurors -- instead of the concurrence Kentucky law otherwise sets -- will stand as the jury's verdict.
The rule doesn't set the size of the smaller jury or the size of the majority; the parties work that out between themselves and put it in a stipulation. Without an agreement, the jury size and the number of concurring jurors set by Kentucky law govern.
Frequently Asked Questions
Can a Kentucky civil jury have fewer than twelve people?
Yes, if the parties agree. Rule 48 lets the parties stipulate to a jury smaller than Kentucky's default twelve-member civil jury.
Does a Kentucky civil jury verdict have to be unanimous?
No. Kentucky law sets how many jurors must concur in a civil verdict, and it stops short of requiring all of them. Rule 48 goes further: the parties can stipulate that a verdict reached by some other stated majority will count as the verdict.
Who decides how small the jury can be or what majority counts under Rule 48?
The parties do, by stipulation. The rule doesn't fix an alternate size or majority number -- it lets the parties agree to whatever number they choose in place of the jury size and concurrence Kentucky law otherwise sets.