§ 4113. Disagreement by jury. (a) Unanimous verdict not required. A verdict may be rendered by not less than five-sixths of the jurors constituting a jury.
(b) Procedure where jurors disagree. Where five-sixths of the jurors constituting a jury cannot agree after being kept together for as long as is deemed reasonable by the court, the court shall discharge the jury and direct a new trial before another jury.
(a)★ A verdict may be rendered by not less than five-sixths (5/6) of the jurors — a unanimous verdict is NOT required. (5 of 6.) ★
(b) If 5/6 can't agree after being kept together as long as the court deems reasonable, the court discharges the jury and directs a new trial before another jury.
★ Exam hits:
Civil jury = SIX jurors (§ 4104); a valid verdict needs at least 5/6 — 5 of 6 — not unanimous (§ 4113).
Peremptory challenges: 3 per side, plus 1 for every 2 alternates (§ 4109). (Contrast CPL 270.25 criminal: 20/15/10.)
Jury demand: via note of issue, or within 15 days after being served a note of issue with no demand; no demand by anyone = waiver by all (§ 4102). Specify-some-issues → others get 10 days to add issues.
Sixth-degree relationship (blood or marriage) to a party disqualifies a juror; the related party objects before the case opens, others within 6 months after verdict (§ 4110). Insurance-company interest / party's employee = favor ground; taxpayer/resident of a municipal party is NOT a ground.
Object to jury instructions before the jury retires or the error is not preserved (§ 4110-b). A judge must be present at voir dire on any party's request (§ 4107).
Verdict types: general vs. special; itemized past/future damages required in malpractice and injury/wrongful-death cases (§ 4111 (d),(e)) — full future amount, no present-value reduction, when Art. 50-A/50-B applies.
The clerk enters the verdict in the minutes (time/place, jurors, witnesses, verdict/answers, directions) (§ 4112).
Verbatim statute: CPLR - Article 41
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.