Trial Practice
Verdict
A jury unable to reach the required verdict, whether unanimous or a permitted majority, is deadlocked. The court may give a further instruction, order continued deliberation, or declare a mistrial.
Partial verdicts may be accepted on decided issues.
Alternative Names:
Deadlocked Jury, Jury Deadlock
Why it Matters?
Accepting a partial verdict on decided issues is worth considering, since it preserves findings that would otherwise be lost and narrows any retrial. Whether that serves a particular party depends on which issues were resolved. The mistrial itself is not a judgment, so the case returns to the docket for retrial, and settlement posture frequently shifts substantially once both sides have seen how a jury responded to the evidence.
Frequently Confused with
Related terms
Frequently asked questions
Can a partial verdict be accepted?
What follows a hung jury?
