Idaho Code
Idaho Code

Idaho Code § 19-2316 (2026)

Polling the jury. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Polling the jury. 

When a verdict is rendered and before it is recorded, the jury may be polled at the request of either party, in which case they must be severally asked whether it is their verdict; and if each juror answer in the affirmative, then the verdict shall be recorded; but if a less number answer in the affirmative, the jury must be sent out for further deliberation.

Notes of Decisions
Cited in 6 cases, 1953–2017 · leading case: State v. Severson, 215 P.3d 414 (Idaho 2009).
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State v. Severson, 215 P.3d 414 (Idaho 2009). · cites it 4× “I, § 7; I.C. §§ 19-2316 & 2317; Idaho Crim. R. 31.”
State v. Molen, 231 P.3d 1047 (Idaho Ct. App. 2010). · cites it 4× “I, § 7; I.C. §§ 19-2316 and 2317; I.C.R. 31. Such an instruction was given here.”
State v. Tami Marie Southwick, 345 P.3d 232 (Idaho Ct. App. 2014). · cites it 2× “Idaho law requires a trial court to instruct a jury that, in order to convict a defendant, it must unanimously agree on the defendant’s guilt.”
State v. Sulez, 108 P.3d 400 (Idaho Ct. App. 2004). · cites it 4× “1 Idaho Code § 19-2316 provides that if the jury is polled and one or more jurors do not respond affirmatively when asked whether the announced verdict is their verdict, “the jury must be sent out for further deliberation.”
State v. Bounds, 258 P.2d 751 (Idaho 1953). · cites it 2× “*142 Appellant next assigns as error the refusal of the trial court to poll the jury with regard to their agreement on the specific element or elements in the information upon which they based their verdict.”
State v. Andrew Scott Gomez (Idaho Ct. App. 2017). · cites it 2× “I, § 7; I.C. §§ 19-2316; and 19-2317; Severson, 147 Idaho at 711 , 215 P.”
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