2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-248. Jury trial procedure.

60-248

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-248.   Jury trial procedure. (a) Stipulation as to number. The parties may stipulate that the jury shall consist of any number less than 12 or, subject to the provisions of subsection (g), that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.

      (b)   View of property or place. Whenever in the opinion of the court it is proper for the jury to have a view of property which is the subject of litigation or of the place in which any material fact occurred, the court may order the jury to be conducted, as a body, under the charge of an officer to the place, which shall be shown to them by a person or persons appointed by the court for that purpose. While the jury is thus absent, no person other than the person so appointed shall speak to any juror on any subject connected with the trial. A view permitted under this subsection shall not be considered by the court in determining any questions of the sufficiency or insufficiency of evidence admitted in an action.

      (c)   Case submitted, action and conduct of jury. When the case is finally submitted to the jury, it shall retire for deliberation. The jurors must be kept together in a convenient place under charge of an officer until they agree upon a verdict, or are discharged by the court, subject to the discretion of the court to permit them to separate temporarily at night and at their meals. The officer having them under the officer's charge shall not make or allow any communications to be made to them, except the officer may ask them if they are agreed upon their verdict, unless by order of the court. The officer shall not before the verdict is rendered communicate to any person the state of their deliberations or the verdict agreed upon.

      (d)   Separation of jury, admonition of court. If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or allow themselves to be addressed by, any other person on any subject of the trial; that it is their duty to keep an open mind and not to express an opinion on the subject of the trial until the case is finally submitted to them; and that the admonition applies to every separation of the jurors.

      (e)   Jury may request information after retiring. If, after the jury has retired for deliberation, it desires further information as to any part of the law or evidence pertaining to the case, it may communicate its request through the bailiff to the court in the manner directed by the court, following which the court, after notice to counsel for the parties, may consider and make such provision for a response to the request of the jury as the court finds to be required under the circumstances.

      (f)   Discharge of jury, when. The jury may be discharged by the court on account of the sickness of a juror, or other necessity to be found by the court or by consent of both parties, or after it has been kept together until it satisfactorily appears that there is no probability of the jurors reaching a verdict.

      (g)   Verdict; number of jurors required; form; correction. Whenever the jury consists of 12 members, the agreement of 10 jurors shall be sufficient to render a verdict. In all other cases, subject to the stipulation of the parties as provided in subsection (a), the verdict shall be by agreement of all the jurors. The verdict shall be written, signed by the presiding juror and read by the clerk to the jury, and the inquiry made whether it is their verdict. If less than the required number of jurors agree, the jury must be sent out again. If agreement of the required number is expressed, and no party requires the jurors to be polled individually, the verdict is complete, and the jury discharged from the case. If the verdict is defective in form only, it may be corrected by the court, with the assent of the jury, before it is discharged.

      (h)   Alternate jurors. Immediately after the jury is empaneled and sworn, the trial judge may empanel one or more alternate or additional jurors whenever, in the judge's discretion, the judge believes it advisable to have alternate jurors available to replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable to perform their duties. Alternate jurors shall be selected in the same manner, have the same qualifications, be subject to the same examination and challenges, take the same oath and have the same functions, powers and privileges as the regular jurors. Each party shall be entitled to one peremptory challenge to the alternate jurors. The alternate jurors shall be seated near the other jurors, with equal power and facilities for seeing and hearing the proceedings in the case, and they must attend the trial of the cause at all times with the other jurors. The alternate jurors shall obey the orders of and be bound by the admonition of the court upon each adjournment, but if the regular jurors are ordered to be kept in custody during the trial of the cause, the alternate jurors also shall be kept in confinement with the other jurors. Upon final submission of the case to the jury, the alternate jurors may be discharged or they may be retained separately and not discharged until the final decision of the jury. If the alternate jurors are not discharged on final submission of the case and if any regular juror is discharged prior to the jury's reaching a decision, the court may draw the name of an alternate juror who shall replace the discharged juror and be subject to the same rules and regulations as though the juror had been selected as one of the original jurors.

      History:   L. 1963, ch. 303, 60-248; L. 1971, ch. 176, § 16; L. 1973, ch. 232, § 1; amended by Supreme Court order dated July 28, 1976; L. 1978, ch. 226, § 1; L. 1984, ch. 112, § 24; July 1.