Del. P.J.I. Civ. § 24.6

WHEN JURY FAILS TO AGREE – ALLEN CHARGE

Members of the jury, I am told that you have been unable to reach a verdict. I

have a few thoughts that you may wish to consider in your deliberations, along with

the evidence and the instructions previously given to you.

Every case is important to the parties involved. The trial has been time-consuming and expensive to both [plaintiff’s name] and [defendant’s name]. But

if you should fail to agree upon a verdict, the case is left open and undecided. Like

all cases, it must be disposed of in some way. There is little to believe that another

trial would not be equally time-consuming and expensive to all persons involved,

and there is little reason to think that the case can be tried again better or more

exhaustively than it has been in this trial. Any future jury must be selected in the

same manner and from the same source as you have been chosen. So, it’s unlikely

that the case could ever be submitted to twelve people more intelligent, more

impartial, or more competent to decide it.

I don’t want any of you to surrender your conscientious convictions. But it is

your duty as jurors to consult with one another and to deliberate with a view to

reaching an agreement, if you can do so without sacrificing individual judgment.

Each of you must decide the case for yourself, but you should do so only after

considering the evidence with your fellow jurors, and during your deliberations you

should not hesitate to change your opinion if you become convinced that another

position is correct.

You may conduct your deliberations as you choose, but I suggest that you now

retire and carefully reconsider all the evidence before you and try your very best to

reach a unanimous verdict.