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A.R.S. § 21-102

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

Applied in 4 court decisions — leading case 140 S. Ct. 1390 - Ramos v. Louisiana (2020)

Most recently applied in 140 S. Ct. 1390 - Ramos v. Louisiana (April 2020)

How often courts cite this section

19681980199020002010202010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.