Ariz. Rev. Stat. § 21-102

Current through L. 2024, ch. 259

Section 21-102 - Juries; size; degree of unanimity required; waiver; right to jury determination in certain civil actions

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

C. Until January 1, 2023, the presiding judge of the superior court in the county may order that a jury for trial in any court of record of a civil case shall consist of either six persons, and the concurrence of all but one shall be necessary to render a verdict or eight persons, and the concurrence of all but two shall be necessary to render a verdict. Beginning on January 1, 2023, a jury for trial in any court of record of a civil case shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.

D. In a court not of record, a jury for trial of any case shall consist of six persons. The concurrence of all in a criminal case and all but one in a civil case shall be necessary to render a verdict.

E. The parties in a civil case, and the parties with the consent of the court in a criminal case, may waive trial by jury, or at any time before a verdict is returned consent to try the case with or receive a verdict concurred in by a lesser number of jurors than that specified above.

F. Unless the parties waive trial by jury pursuant to subsection E of this section, in a civil action brought by or on behalf of the state for a violation of a statute that declares an act or practice unlawful, a jury shall determine liability, wilfulness and the amount of any available monetary remedies, including restitution, disgorgement and civil penalties.

A.R.S. § 21-102

Amended by L. 2022, ch. 112,s. 6, eff. 4/6/2022.

Amended by L. 2021, ch. 206,s. 1, eff. 9/29/2021.

Amended by L. 2021, ch. 160,s. 1, eff. 4/1/2021.