Federal Courts Will Keep Smaller Juries

Federal courts will not require 12-person juries in non-criminal trials, the U.S. Judicial Conference announced Tuesday.

The policy-making, 25-judge conference voted down a proposed amendment to federal court rules that would have required 12-member juries in all civil cases, similar to the rules for criminal trials.

For most of the nation’s history, 12-member juries in federal civil cases were the norm. But in the mid-1970s, a move to smaller juries was tried. Today, some federal civil cases are tried by juries with as few as six members.

State courts followed the federal example, and have gone even further.

While a unanimous jury vote is required for a verdict in all federal cases, some state courts allow split-jury verdicts in civil cases.