Kentucky Revised Statutes

Ky. Rev. Stat. § 29A.280 (2026)

Number of jurors in Circuit and District Courts -- Number required for

✓ current as of May 2026

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verdict. (1) Juries for all trials in Circuit Court shall be composed of twelve (12) persons. Juries for all trials in District Court shall be composed of six (6) persons. (2) In Circuit Court, at any time before the jury is sworn, the parties with the approval of the court may stipulate that the jury shall consist of any number less than twelve (12), except that no jury shall consist of less than six (6) persons. (3) A unanimous verdict is required in all criminal trials by jury. The agreement of at least three-fourths (3/4) of the jurors is required for a verdict in all civil trials by jury in Circuit Court. The agreement of at least five-sixths (5/6) of the jurors is required for a verdict in all civil trials by jury in District Court. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 39, effective January 2, 1978.

Notes of Decisions

Cited in 22 cases (7 in the last 5 years), 1989–2025 · leading case: Young v. J.B. Hunt Transp., Inc., 781 S.W.2d 503 (Ky. 1989).

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Young v. J.B. Hunt Transp., Inc., 781 S.W.2d 503 (Ky. 1989). · cites it 6× “Since it would be improper to permit persons with no right to participate in a decision to remain with the jury during deliberations, those jurors who did not join in the liability verdict would be required to depart the jury room.”

Davis v. Commonwealth, 967 S.W.2d 574 (Ky. 1998). · cites it 4× “KRS 29A.280(3); Wells v. Commonwealth, Ky.”

Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003). “2d 686, 692 (1961), and of his right to a unanimous verdict pursuant to section 7 of the Kentucky Constitution, KRS 29A.280(3), and RCr. 9.82(1). Again, the issue is unpreserved for appellate review.”

Crossland v. Commonwealth, 291 S.W.3d 223 (Ky. 2009). · cites it 2× “In such states, a trial court is statutorily authorized to seat an alternate juror in the place of a juror who becomes ill or for other good or legal cause is incapacitated, and the trial court must exercise its discretion in making the substitution and is free to do so even…”

Kingrey v. Commonwealth, 396 S.W.3d 824 (Ky. 2013). “That in this county between January 1, 2007[,] and May 31, 2008[,] and before the finding of the Indictment herein, he knowingly employed, authorized[,] or induced Sophia to engage in a sexual performance; AND B.”

Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015). “KRS 29A.280(3). . RCr 9.82(1). . 396 S.W.”

Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014). “2013), quoting KRS 29A.280(3) (“A unanimous verdict is required in all criminal trials by jury.”

McGaha v. Commonwealth, 414 S.W.3d 1 (Ky. 2013). “2d 741, 743 (1949) ("This statute [now-repealed by KRS 29A.280] makes it necessary for a party to inform himself as to the qualifications of jurors before the jury is sworn in order that he may exercise his right of challenge, general or peremptory, but the statute does not…”

Commonwealth v. Simmons, 394 S.W.3d 903 (Ky. 2013). · cites it 2× “KRS 29A.280 provides that in the Circuit Court "at any time before the jury is sworn, *914 the parties with the approval of the court may stipulate that the jury shall consist of any number less than twelve (12), except that no jury shall consist of less than six (6) persons.”

Tolley v. Commonwealth, 65 S.W.3d 531 (Ky. Ct. App. 2001). · cites it 5× “The Commonwealth directs us to KRS 29A.280(1) which states that “[jjuries for all trials in Circuit Court shall be composed of twelve (12) persons.”

Stephen W. Williams v. Commonwealth of Kentucky, 486 S.W.3d 291 (Ky. 2016). “2013); KRS 29A.280(3); Kentucky Rules of Criminal Procedure (RCr) 9.”

Tirrell Barbour v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “KRS 29A.280(3); Wells v. Commonwealth, Ky.”

Show all 22 citing cases →

— Ky. Rev. Stat. § 29A.280(1) — 4 cases

Crossland v. Commonwealth, 291 S.W.3d 223 (Ky. 2009). “In such states, a trial court is statutorily authorized to seat an alternate juror in the place of a juror who becomes ill or for other good or legal cause is incapacitated, and the trial court must exercise its discretion in making the substitution and is free to do so even…”

Commonwealth v. Simmons, 394 S.W.3d 903 (Ky. 2013). “KRS 29A.280 provides that in the Circuit Court "at any time before the jury is sworn, *914 the parties with the approval of the court may stipulate that the jury shall consist of any number less than twelve (12), except that no jury shall consist of less than six (6) persons.”

Tolley v. Commonwealth, 65 S.W.3d 531 (Ky. Ct. App. 2001). “The Commonwealth directs us to KRS 29A.280(1) which states that “[jjuries for all trials in Circuit Court shall be composed of twelve (12) persons.”

Fitzgerald v. Commonwealth, 148 S.W.3d 817 (Ky. Ct. App. 2004).

— Ky. Rev. Stat. § 29A.280(2) — 2 cases

— Ky. Rev. Stat. § 29A.280(3) — 15 cases

Davis v. Commonwealth, 967 S.W.2d 574 (Ky. 1998). “KRS 29A.280(3); Wells v. Commonwealth, Ky.”

Young v. J.B. Hunt Transp., Inc., 781 S.W.2d 503 (Ky. 1989). “Since it would be improper to permit persons with no right to participate in a decision to remain with the jury during deliberations, those jurors who did not join in the liability verdict would be required to depart the jury room.”

Martin v. Commonwealth, 456 S.W.3d 1 (Ky. 2015). “KRS 29A.280(3). . RCr 9.82(1). . 396 S.W.”

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