Section 641. Agreement to be Tried by Fewer Than Twelve Jurors

In all cases, at any time after a jury of 12 is initially sworn and before verdict, the defendant and the attorney for the Commonwealth, with approval of the judge, may agree to a jury of fewer than 12 but not fewer than 6. Such agreement shall be made a part of the record. The verdict in such a case shall have the same force and effect as a verdict by a jury of 12.

Comment

The 1999 amendment conforms this rule to the 1998 amendment to article I, § 6 of the Pennsylvania Constitution providing that ‘‘the Commonwealth shall have the same right to trial by jury as does the accused.’’

Official Note

Rule 1103 adopted January 24, 1968, effective August 1, 1968; amended September 22, 1976, effective November 1, 1976; amended April 16, 1999, effective July 1, 1999; renumbered Rule 641 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the April 16, 1999 amendments concerning the 1998 Constitutional amendment published with the Court’s Order at 29 Pa.B. 2290 (May 1, 1999).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).