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Judicial Code | |
Juries and Witnesses | |
Section 104 | Jury composition. |
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78B-1-104. Jury composition. (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. (3) (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 |
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