Under both Washington State and federal statutes and court rules, what is the difference in number of jurors required to render a jury verdict in a civil trial? Here’s my point of view.
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WASHINGTON STATE
In Washington, only five jurors in a jury of six, or ten jurors in a jury of twelve, are required to render a verdict in a civil trial. RCW 4.44.380. The relevant text is as follows:
In all trials by juries of six in the superior court, except criminal trials, when five of the jurors agree upon a verdict, the verdict so agreed upon shall be signed by the presiding juror, and the verdict shall stand as the verdict of the whole jury, and have all the force and effect of a verdict agreed to by six jurors. In cases where the jury is twelve in number, a verdict reached by ten shall have the same force and effect as described above, and the same procedures shall be followed.
Id. However, pursuant to the Superior Court Civil Rules, “The parties may stipulate that the jury shall consist of any number less than 12 or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.” CR 48.
U.S. DISTRICT COURT
Alternatively, in the United States District Court, unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least six members; and a jury must begin with at least six and no more than twelve members. FRCP 48. Each juror must partake in the verdict unless they are excused pursuant to Rule 47(c). Id.
CONCLUSION
A significant difference between federal and Washington State court systems appears to be that, unless the parties stipulate otherwise, Washington Superior Courts generally require a specific majority of jurors to render a verdict whereas the United States District Court requires unanimity.
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