When a jury consists of fewer than 12 members, what may the parties stipulate about jury composition or the verdict?

• A. The jury may consist of fewer than 12 jurors or the verdict may be determined by a stated majority.
• B. The jury must always be 12.
• C. The verdict must be unanimous.
• D. The judge will decide the verdict.

Answer: (A)

Flexibility in NC civil procedure allows the parties to reshape how a trial is run when the jury is smaller than 12. If the panel is fewer than 12, the parties may agree to a smaller jury and/or to a verdict that is decided by a majority rather than by unanimity. This means you could have, for example, a six-person jury and a verdict reached by a 4-2 majority. The key idea is that the parties’ stipulation can change both the size of the jury and how the verdict is determined, rather than sticking to a fixed rule requiring twelve jurors and a unanimous decision. The other options assume rigid requirements (always 12, unanimous verdict, or judge deciding the verdict) that don’t reflect this permissible stipulation.