Rule 18. Jury.
A. NUMBER OF JURORS. A jury in a justice or city court consists of six persons, but the parties may agree to fewer than six.
B. IMPANELING. The jury in a civil action in justice or city court must be impaneled as provided in 25-7-202 through 25-7-209 and 25-7-221 through 25-7-224. Where the words "clerk" or "district court" occur in those sections, the words refer to the justice or city court in application under this rule.
C. SICKNESS OF JUROR. If a juror becomes sick and is unable to perform the juror's duty after impaneling of the jury but before verdict, the judge may order the juror discharged and proceed with the other jurors, swear in an alternate juror, continue the case, or discharge the jury and impanel a new jury.
D. PREVENTION OF JURY FROM GIVING VERDICT. When a jury is discharged or prevented from giving a verdict by reason of accident or other cause during the course of the trial, the judge may try the action with another jury again at a future time.
History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.
Structure Montana Code Annotated
Chapter 23. Montana Justice and City Court Rules of Civil Procedure
Rule 2. Commencement of action
Rule 3. Place of trial or venue
Rule 4. Persons -- jurisdiction -- process -- service
Rule 5. Service and filing of pleadings and other papers, excluding summons
Rule 8. Amendment of pleadings
Rule 9. Motions and other papers
Rule 10. Naming of parties to action
Rule 11. Substitution of parties
Rule 12. Joinder of claims and parties necessary for just adjudication