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N.D.R.Ct. 6.9

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Rule 6.9 Assisting Jurors at Impasse

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Rule Text

If the jury informs the court it has reached an impasse, the court, after conferring with counsel, may invite the jurors to list in writing the divisive issues, which if addressed further in the courtroom might bring about a verdict. After receiving the jurors' written response, the judge, after conferring with counsel, may direct further proceedings to occur as appropriate.

Amendment history: (Adopted Mar. 1, 1999; amended Mar. 1, 2010.)

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

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

When a jury tells the judge they're stuck and can't agree on a verdict, this rule gives the judge a way to help them move forward. First, the judge talks with the lawyers on both sides about how to handle the situation. Then the judge can ask the jurors to write down what specific issues are causing the disagreement.

Once the jury explains in writing what's holding them up, the judge talks with the lawyers again to decide what to do next. This might mean giving the jury more instructions, letting lawyers make additional arguments, or taking other steps to help the jury work through their disagreement. The goal is to give the jury real help on the specific problem they're facing, instead of just telling them to keep trying without any direction.

This process keeps both sides' lawyers involved every step of the way. The judge can't just make decisions alone. This helps make sure the jury gets fair and appropriate help, and both sides have a chance to weigh in on how the court responds to the jury's concerns.

Committee Notes

Rule 6.9 was adopted, effective March 1, 1999. A cross reference to N.D.R.Crim.P. 43 was added, effective March 1, 2010.

Rule 6.9 is patterned after Rule 39(h), Ariz.R.Civ.P., and Rule 22.4, Ariz.R.Crim.P. When a jury reports it is at an impasse, the rule allows a judge to offer assistance in hopes of improving the chances of a verdict. A judge must be careful not to be coercive, suggestive, or unduly intrusive. The comments to the Arizona rules suggest the judge's response to the jurors' report of impasse take the following form:

"This instruction is offered to help your deliberations, not to force you to reach a verdict.

You may wish to identify areas of agreement and areas of disagreement. You may then wish to discuss the law and the evidence as they relate to areas of disagreement.

If you still have disagreement, you may wish to identify for the court and counsel which issues or questions of law or fact you would like counsel or the court to assist you with. If you elect this option, please list in writing the issues where further assistance might help bring about a verdict.

I do not wish or intend to force a verdict. We are merely trying to be responsive to your apparent need for help. If it is reasonably probable that you could reach a verdict as a result of this procedure, it would be wise to give it a try."

Some of the ways a judge may give assistance include: giving additional instructions, clarifying earlier instructions, directing the attorneys to make additional closing argument, reopening the evidence for limited purposes, or a combination of these measures. The court may decide it is not legally or practically possible to respond to the jury's concerns.

SOURCES: Joint Procedure Committee Minutes of September 25-26, 1997, pages 15-16. CROSS REFERENCE: N.D.R.Crim.P. 43 (Defendant's Presence).