Current through the 2024 Fourth Special Session
Section 78B-1-104 - Jury composition(1) A trial jury consists of: (a) 12 persons in a capital case;(b) eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;(c) six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;(d) four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and(e) eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.(2) Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.(3)(a) The verdict in a criminal case shall be unanimous.(b) The verdict in a civil case shall be by not less than three-fourths of the jurors.(4) There is no jury in the trial of small claims cases.(5) There is no jury in the adjudication of a minor charged with what would constitute a crime if committed by an adult.Renumbered and Amended by Chapter 3, 2008 General Session .