Jury deliberations: what to expect in the jury room

Deliberations are the one part of a trial that happens entirely in private. After days of listening without being allowed to talk about the case, jurors finally sit down together to decide it. Here's what to expect, based on the federal Handbook for Trial Jurors and the federal rules that govern verdicts. State procedures are broadly similar, but your judge's instructions always control.

Before you start

Deliberations begin after the judge has given the jury its instructions (the "charge") on the law. Many courts send a written copy into the jury room, along with the exhibits admitted into evidence. A court officer, often called the bailiff, guards the door, and no one else may enter while you deliberate.

Choosing a foreperson

The federal handbook describes three methods, depending on the district:

• the judge appoints the foreperson;
• the jurors elect one; or
• the first juror to enter the jury box becomes foreperson automatically.

The judge will tell you which method applies. The foreperson presides, keeps discussion orderly, and must give every juror a fair chance to speak. The foreperson usually signs the verdict form and any notes to the judge. The foreperson's vote counts no more than anyone else's.

How discussion usually goes

There's no required format, but many juries:

1. Start with an open round, where everyone shares initial impressions without voting.
2. Go through the instructions element by element. For each claim or charge, ask whether the evidence proves each required element under the applicable burden of proof.
3. Review exhibits and notes together.
4. Take votes when the discussion feels ripe. Some juries use secret ballots at first to avoid pressure.

The handbook asks jurors to enter discussion with open minds, exchange views freely, and not hesitate to change their opinions if they become convinced they were wrong.

Unanimity

• Federal criminal cases: the verdict must be unanimous (Federal Rule of Criminal Procedure 31(a)).
• Federal civil cases: a civil jury must start with at least 6 and no more than 12 members. Unless the parties stipulate otherwise, the verdict must be unanimous and returned by at least 6 jurors (Federal Rule of Civil Procedure 48).

State rules differ, especially in civil cases, where some states allow non-unanimous verdicts. The judge's instructions tell you what's required.

Duty to deliberate, and the right to your own conclusion

The handbook balances two duties:

• Jurors must give full consideration to fellow jurors' opinions, and they have an obligation to reach a verdict whenever possible.
• But no juror is required to give up an opinion they're convinced is correct.

It also warns against shortcuts. Deciding a case by tossing a coin would be as dishonest for a juror as for a judge. Jurors also violate their oath if they decide based on how the verdict might affect other situations, rather than on the facts of the case before them.

Asking the judge a question

If the jury is confused about an instruction, or wants testimony read back, the foreperson writes a note and gives it to the bailiff. The judge usually discusses the note with the lawyers before answering, in writing or in open court. Tips:

• Be specific. "Can you explain what 'proximate cause' means in Instruction 12?" works better than "We're confused."
• Don't reveal your vote split in a note unless the judge asks. A note saying "we're 10-2" can create complications.
• Expect a wait. The judge may need to bring the lawyers back to court.

When the jury is stuck

If you can't agree after serious effort, tell the judge in a note. The judge may ask you to keep deliberating, sometimes with an additional instruction encouraging jurors to reconsider their views without giving up honest convictions. If agreement truly isn't possible, the judge can declare a mistrial. In a criminal case the government may then decide whether to retry the case. A hung jury isn't a failure of the jurors. It's a recognized outcome.

Returning the verdict

When you've agreed, the foreperson fills out and signs the verdict form and tells the bailiff. The jury returns to the courtroom, and the verdict is read aloud. Either side may ask to poll the jury, meaning each juror is asked individually whether the verdict is theirs. Under the civil and criminal rules, if a poll shows the required agreement is lacking, the court can send the jury back to keep deliberating or declare a mistrial.

Secrecy of deliberations

What happens in the jury room is private. Federal Rule of Evidence 606(b) generally bars jurors from testifying about statements made during deliberations, or about their mental processes, to challenge a verdict. There are narrow exceptions: extraneous prejudicial information brought into the jury room, improper outside influence, or a mistake in filling out the verdict form. This protects jurors' freedom to speak candidly.

Practical comfort

• Deliberations can run past normal court hours. Arrange flexible childcare and transportation.
• Courts often provide lunch, or arrange meals, when deliberations run through midday.
• Tell court staff about medical needs or emergencies. The judge can arrange breaks.
• You can't use your phone to research anything, and courts may collect phones during deliberations.

Frequently asked questions

Can we go home overnight during deliberations? Usually yes, with instructions not to discuss the case. Sequestration is rare.

What if another juror brings in outside information? Tell the judge in a note. The handbook says jurors have a duty to report improper conduct.

Do we have to explain our verdict? No. Most verdicts are simply a form. Some civil cases use "special verdicts" that ask specific factual questions.

Key takeaways

• Follow the judge's instructions on the law and decide the facts from the evidence.
• Listen openly, but don't give up an honest conviction just to finish.
• Put questions to the judge in writing through the bailiff.
• What's said in the jury room stays there.