(a) Return. The jury must return its verdict to a judge in open
court. The verdict must be unanimous.
(b) Partial Verdicts, Mistrial, and Retrial.
(1) Multiple Defendants. If there are multiple defendants, the
jury may return a verdict at any time during its deliberations
as to any defendant about whom it has agreed.
(2) Multiple Counts. If the jury cannot agree on all counts as
to any defendant, the jury may return a verdict on those
counts on which it has agreed.
(3) Mistrial and Retrial. If the jury cannot agree on a verdict
on one or more counts, the court may declare a mistrial on
those counts. The government may retry any defendant on
any count on which the jury could not agree.
(c) Lesser Offense or Attempt. A defendant may be found guilty
of any of the following:
(1) an offense necessarily included in the offense charged;
(2) an attempt to commit the offense charged; or
(3) an attempt to commit an offense necessarily included in
the offense charged, if the attempt is an offense in its own
(d) Jury Poll. After a verdict is returned but before the jury is
discharged, the court must on a party’s request, or may on its
own, poll the jurors individually. If the poll reveals a lack of unanimity, the court may direct the jury to deliberate further or may
declare a mistrial and discharge the jury.
(As amended Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 24, 1998, eff. Dec.
1, 1998; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 29, 2002, eff. Dec. 1, 2002.)