At least two-thirds in number of any jury may render a verdict
or finding, and such verdict or finding so rendered shall have the same force and effect as
if all such jury concurred therein. The parties may stipulate that the jury shall consist of
less number than 12.
Rule 48.Juries — Verdict
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 48 allows a civil verdict by at least two-thirds of the jury — Montana does not require a unanimous civil verdict — and lets the parties stipulate to a jury of fewer than 12.
Full Text of Rule 48
Plain-English Summary
This short rule reflects a significant Montana feature: a civil verdict need not be unanimous. At least two-thirds of the jury may render a verdict or finding, and that verdict has the same force and effect as if the whole jury concurred. The parties may also stipulate to a jury of fewer than 12. (This is unlike federal civil practice, where verdicts must generally be unanimous.)
Frequently Asked Questions
Does a Montana civil jury have to be unanimous?
No. At least two-thirds of the jury may render a valid verdict, which has the same effect as a unanimous one — a notable difference from federal civil practice.
Can a Montana civil jury have fewer than 12 members?
Yes, if the parties stipulate to a smaller jury.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: verdicttwo-thirds verdictnon-unanimous verdictjury size