Replies to post #614509 on NorthWest Biotherapeutics Inc (NWBO)

[Poor Man -]

I must be reading the wrong law books. What am I missing here — was the case not filed in Manhattan Federal Court?

NUMBER OF JURORS

Unlike a federal criminal jury, which requires 12 members, a federal civil jury may have between 6 and 12 members. Unless the parties stipulate otherwise, which is rare, a civil verdict must be both:

- Unanimous.
- Returned by a jury of at least six members. (FRCP 48(a), (b).).

The FRCP require all jurors in a civil case to participate in reaching the verdict, unless the court excuses a juror for good cause under FRCP 47(c) before the jury reaches a verdict. Alternate jurors are no longer used in federal civil court (see 1991 Advisory Committee Notes to FRCP 47(b)). As a result, to ensure that at least six jurors are available to return a verdict, a court may select more than six jurors in a civil case, particularly when the court and litigants expect a lengthy trial. A court’s or judge’s rules also may address the number of jurors to be chosen in a civil trial (for example, D.N.H. LR 48.1 (allowing the presiding judge to decide the number of jurors)).