§48.4 Comparison with Federal Rule

• Jurisdiction: Washington

§48.4COMPARISON WITH FEDERAL RULE

The original versions of CR 48 and Fed. R. Civ. P. 48 were identical. Fed. R. Civ. P. 48 has since been amended and now is substantially different. The federal rule allows the court to seat a jury of six to twelve persons, and provides that each juror shall participate in the verdict unless excused for good cause pursuant to Fed. R. Civ. P. 47(c). Unless otherwise stipulated by the parties, the federal rule also requires a unanimous verdict by at least six persons. These features of the federal rule reflect a fundamental difference in state and federal law regarding the right to trial by jury: the Washington Constitution, Wash. Const. art. I, §21, creates a right to a jury of 12 persons, while the Seventh Amendment to the U.S. Constitution does not. Compare City of Seattle v. Filson, 98 Wn.2d 66,70,653P.2d608 (1982) (constitutional allowance for juries of less than 12 establishes right to jury of 12 if demanded), overruled on other grounds by In re Eng, 113 Wn.2d 178, 776 P.2d 1336 (1989), with Colgrove v. Battin,...