If a statute requires exactly 12 jurors, can the parties stipulate to a smaller jury?

If a statute requires exactly 12 jurors, can the parties stipulate to a smaller jury?

• A. No; the statute requirement applies.
• B. Yes; the stipulation controls.
• C. The court may override only if the judge approves.
• D. The clerk may decide.

Answer: (A)

When a statute fixes the jury size at exactly 12, that number is binding and cannot be altered by the parties’ agreement. The court must follow the statutory directive, so a stipulation to use fewer jurors would conflict with the law and has no force. The judge cannot override this by mere approval, and the clerk cannot decide differently on a procedural basis. So, the parties cannot stipulate to a smaller jury; the trial must proceed with 12 jurors as required.

When a statute fixes the jury size at exactly 12, that number is binding and cannot be altered by the parties’ agreement. The court must follow the statutory directive, so a stipulation to use fewer jurors would conflict with the law and has no force. The judge cannot override this by mere approval, and the clerk cannot decide differently on a procedural basis. So, the parties cannot stipulate to a smaller jury; the trial must proceed with 12 jurors as required.