Utah Code
Utah Code § 78B-1-104 (2026)
Jury composition
✓ current as of May 2026
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A trial jury consists of:
12 persons in a capital case;
eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;
six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;
four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and
eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.
Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.
The verdict in a criminal case shall be unanimous.
The verdict in a civil case shall be by not less than three-fourths of the jurors.
There is no jury in the trial of small claims cases.
There is no jury in the adjudication of a minor charged with what would constitute a crime if committed by an adult.
Notes of Decisions
Cited in 2
cases, 2016–2020 · leading case: Chilel v. Simler, 2016 UT 23 (Utah 2016).
Chilel v. Simler, 2016 UT 23 (Utah 2016). “Simler filed a petition for permission to appeal the district court's order, claiming that (1) Utah Code section 78B-1-104(4) unconstitutionally denies her right to a jury trial, and (2) rule 6(a) of the Utah Rules of Small Claims Procedure unconstitutionally denies her right to…”
Ramos v. Louisiana, 140 S. Ct. 1390 (2020). “Code § 35-37-1-1 (b)(2) ; Utah Code § 78B-1-104 (2019). The majority arrives at a different figure based on the number of felony jury trials in Oregon in 2018, see ante , at 1406 - 1407, and n.”
— Utah Code § 78B-1-104(4) — 1 case
Chilel v. Simler, 2016 UT 23 (Utah 2016). “Simler filed a petition for permission to appeal the district court's order, claiming that (1) Utah Code section 78B-1-104(4) unconstitutionally denies her right to a jury trial, and (2) rule 6(a) of the Utah Rules of Small Claims Procedure unconstitutionally denies her right to…”
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