78B-1-104. Jury composition.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A trial jury consists of:

(a)12 persons in a capital case;

(b)eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;

(c)six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;

(d)four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and

(e)eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.

(2)Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.

(a)The verdict in a criminal case shall be unanimous.

(b)The verdict in a civil case shall be by not less than three-fourths of the jurors.

(4)There is no jury in the trial of small claims cases.

(5)There is no jury in the adjudication of a minor charged with what would constitute a crime if committed by an adult.

Renumbered and Amended by Chapter 3 , 2008 General Session