How Many Jurors Will Decide My Case?

That’s what a client recently asked me as I was picking a jury at the start of her case. My client thought the jury’s verdict had to be unanimous. In reality, under Pennsylvania law, a verdict of five-sixths of the jury is what is required for a verdict.  This is true, for instance, in any medical malpractice, accident, motor vehicle, or civil rights case. In fact, at the close of the case, the judge will “charge” or instruct the jury with the following statement:

“In civil cases in the Commonwealth of Pennsylvania, it is not necessary to achieve a unanimous jury verdict, that is, that all of you agree on a verdict. It is only necessary that seven (five if there are six jurors, six if there are seven jurors, or ten if there are twelve jurors) jurors agree upon a decision.”