78B-1-104 - Jury composition.
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 criminalcase which carries a term of incarceration of more than one year as a possible sentence for themost serious offense charged;
(c) six persons in a criminal case which carries a term of incarceration of more than sixmonths 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 orless 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 civilcase 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 ajury 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 acrime if committed by an adult.
Renumbered and Amended by Chapter 3, 2008 General Session