When Jurors Fail to Agree

When jurors in a South Dakota civil case cannot agree on a verdict during their deliberations, what happens to the case?  This question came up recently based upon a case from Rapid City.  After deliberating for almost seven hours one day and two hours the next morning, the jurors told the judge that they could not agree on a verdict. According to the news report, the judge declared a mistrial, dismissed the jury and indicated that it would be next fall before he could schedule a new trial.

In the event the jury cannot agree, who "wins" the case?  South Dakota Codified Laws Section 15-14-33 states that in all cases where the jury are discharged or prevented from giving a verdict, the case may be tried again.  The plaintiff returns to the place he or she was before trial, the status quo is restored, and the plaintiff is entitled to a new trial, according to University of South Dakota law professor Roger Baron.

When the jurors report to the judge that they are unable to agree on a verdict, the judge may give them South Dakota Pattern Jury Instruction 60-10-30, a supplemental instruction to the jury. This instruction reminds the jurors of their original instructions that when the same ten jury members have agreed on the right of a party to recover damages, and the amount of the damages, or that a party should not be allowed any damages, that is the verdict.  The instruction also reminds the jurors that they should make every reasonable effort to reach a verdict. 

(This entry was originally written and posted by Marsha Stacey)