§ Rule 48Juries
Rule 48. Juries
(a) Juries of Less Than Twelve--Majority Verdict. In civil actions the jury may consist of twelve (12) or of any number less than twelve (12) upon which the parties may agree in open court, except that in civil actions which may be assigned to the magistrates division under Rule 82(c), whether such case or action be tried by a magistrate or by a district judge, the jury shall consist of not more than six (6). Three-fourths ( 3/4 ) of the jury may render a verdict. The cost of a jury shall not be taxed as costs to any party in any civil action.
(b) Rendering Verdict--Polling Jury. When the jurors have agreed upon their verdict, they must be conducted into court and the verdict delivered to the court by their foreman. The verdict must be in writing and signed by the foreman if all the jurors agree, but if not all jurors agree, the written verdict must be signed by all agreeing jurors. The verdict shall be read by the clerk to the jury and the inquiry made whether it is their verdict. If more than one-fourth ( 1/4 ) of the jury disagree with the verdict, the court shall return the jury for further deliberation. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is the juror's verdict. If three-fourths ( 3/4 ) of the jury acknowledge the verdict to be their decision, the verdict shall be accepted and the jury discharged.
The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.