29D Civil cases

(1)

In this section, majority verdict means, in relation to a jury that, at the time of its verdict, consists of a certain number of jurors, a verdict agreed to by at least three-fourths of them.

(2)

The court may accept a majority verdict in a civil case if—

(a)

the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and

(b)

the jurors have not reached a unanimous verdict; and

(c)

the foreperson of the jury has stated in open court—

(i)

that there is no probability of the jury reaching a unanimous verdict; and

(ii)

that the jury has reached a majority verdict; and

(d)

the court considers that the jury has had a period of time for deliberation that the court thinks reasonable, having regard to the nature and complexity of the trial.

(3)

Nothing in this section—

(a)

prevents the court from taking a poll of the jury; or

(b)

affects any practice in civil cases by which a court may, with the consent of all parties, accept a verdict that is not a unanimous verdict.

Compare: 1908 No 89 s 54A

Section 29D: inserted, on 29 June 2009, by section 19 of the Juries Amendment Act 2008 (2008 No 40).