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Rule 48 Juries of less Than 12 -- Majority verdict.

VI. TRIALS

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Rule Text

The parties may stipulate that the jury shall consist of any number less than twelve (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.

(dc) District court rule. Rule 48 does not apply in the district courts.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Both sides in a lawsuit can agree to use a jury with fewer than 12 people. They can also agree that the jury does not need a unanimous decision. Instead, they can accept a verdict based on a set majority of jurors, like 10 out of 12 or 9 out of 11.

This rule only works if both sides agree to it. Neither side can force the other into a smaller jury or a majority verdict without that agreement. This gives people involved in a case more flexibility to shape how their jury trial works.

This rule does not apply in district court. It only applies in circuit court cases.

Committee Notes

Committee Comments on 1973 Adoption

A jury, within the meaning of Constitution of 1901, § 11, means a jury of twelve. E.g., Woodward Iron Co. v. Cabiniss, 87 Ala. 328, 6 So. 300 (1889); Jones, Trial by Jury in Alabama, 8 Ala.L.Rev. 274, 291-2 (1956). But the right to a jury of twelve may be waived, even in criminal cases. Kirk v. State, 247 Ala. 43, 22 So.2d 431 (1945). There is no statutory means now available, however, for the parties to consent to a jury of less than twelve initially. This rule provides such a means. Since its application is based upon consent of both parties, no reasonable constitutional problem should arise. It should be particularly useful in a case where no alternate jurors have been provided, and a juror becomes disabled before the case is submitted to the jury.

Jury verdicts under present law must be unanimous. E.g., McCalley v. Penney, 191 Ala. 369, 67 So. 696 (1918); Seals Piano & Organ Co. v. Bell, 17 Ala.App. 331, 84 So. 779 (1920). Compare Jones, Trial by Jury in Alabama, 8 Ala.L.Rev. 274, 288-90 (1956). But there are no decisions indicating that the right to a unanimous verdict may not be waived. This rule, taken from Federal Rule 48, would permit the parties to agree in advance to accept a non-unanimous verdict.

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Last updated: September 2026

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