CO · rules
C.R.C.P. 48
Number of Jurors
The jury shall consist of six persons, unless the parties agree to a smaller number, not
less than three. The parties may stipulate at any time before the verdict is returned that a
verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding
of the jury.
History
Cross references: For number of jurors, see § 13-71-103, C.R.S. ANNOTATION Law reviews. For article, ‘‘Trials: Rules 38- 53’’, see 23 Rocky Mt. L. Rev. 571 (1951). Annotator’s note. Since this rule is similar to § 197 of the former Code of Civil Procedure, which was replaced by the Rules of Civil Pro- cedure in 1941, relevant cases construing that section have been included in the annotations to this rule. Where a party objects to a jury of three, the objection should be sustained and a jury of six impaneled to try the cause. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Unless the parties consent thereto, a jury of three cannot lawfully try a suit. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Attorney appointed in default cannot con- sent. In case of default where an attorney has been appointed by the court to represent the absent defendant, the attorney so appointed can- not consent for the defendant to have the cause tried by a jury of three. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Applied in People v. Peek, 199 Colo. 3, 604 P.2d 23 (1979); People v. Boos, 199 Colo. 15, 604 P.2d 272 (1979).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
39633bc42ae6f97d69e5d3e9e7f7ea976c5af36693bbeb93a1c462353342c562
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