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Rule 292. Verdict by Portion of Original Jury (Oct.2004)

TEXT

(a) Except as provided in subsection (b) a verdict may be rendered in any cause by the concurrence, as to each and all answers made, of the same ten or more members of an original jury of twelve or of the same five or more members of an original jury of six. However, whereas many as three jurors die or be disabled from sitting and there are only nine of the jurors remaining of an original jury of twelve, those remain­ing may render and return a verdict. If less than the original twelve or six jurors render a verdict, the verdict must be signed by each juror concurring therein.

(b) A verdict may be rendered awarding exemplary damages only if the jury was unanimous in finding liability for and the amount of exemplary damages.

Amended by order of Oct. 7, 2004, eff. Feb. 1, 2005: The rule is divided into two subsections. Subsection (a) is clarified. Subsection (b) is added to make the rule consistent with Act of June 2, 2003, 78th Leg., R.S. ch. 204, § 13.04. 2003 Tex. Gen. Laws 847, 888, codified as Tex. Civ. Prac. & Rem. Code § 41.003.