§ Civ R 48 Juries: majority verdict; stipulation of number of jurors

Codes > Ohio Rules of Civil Procedure > Title VI > Civ R

Civ R 48 Juries: majority verdict; stipulation of number of jurors

    In all civil actions, a jury shall render a verdict upon the concurrence of three-fourths or more of their number. The verdict shall be in writing and signed by each of the jurors concurring therein. All jurors shall then return to court where the judge shall cause the verdict to be read and inquiry made to determine if the verdict is that of three-fourths or more of the jurors. Upon request of either party, the jury shall be polled by asking each juror if the verdict is that of the juror; if more than one-fourth of the jurors answer in the negative, or if the verdict in substance is defective, the jurors must be sent out again for further deliberation. If three-fourths or more of the jurors answer affirmatively, the verdict is complete and the jury shall be discharged from the case. If the verdict is defective in form only, with the assent of the jurors and before their discharge, the court may correct it.

    The parties may stipulate that the jury shall consist of any number less than the maximum number provided by Rule 38(B). For the purpose of rendering a verdict, whenever three-fourths of the jury does not consist of an integral number, the next higher number shall be construed to represent three-fourths of the jury. For juries with less than four members, the verdict must be unanimous.