{"jurisdiction": "us-ny", "code": "cplr", "section": "4113", "citation": "CPLR § 4113", "heading": "Disagreement by jury", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/4113", "from_official_api": true, "plain_english": "- **(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.) ★\n- **(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.\n\n---\n\n**★ Exam hits:**\n- **Civil jury = SIX jurors** (§ 4104); a valid verdict needs **at least 5/6** — **5 of 6** — **not unanimous** (§ 4113).\n- **Peremptory challenges: 3 per side, plus 1 for every 2 alternates** (§ 4109). (Contrast CPL 270.25 criminal: 20/15/10.)\n- **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.\n- **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.\n- **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).\n- **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.\n- **The clerk enters the verdict in the minutes** (time/place, jurors, witnesses, verdict/answers, directions) (§ 4112).\n\n\n---\n*Verbatim statute:* [[CPLR - Article 41]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4113", "publisher": "Elyphived LLC"}