What Does Deadlock Mean in Court? What Happens Next

A deadlock in court means the jury cannot reach the number of votes required for a verdict. It is also called a hung jury. The judge may ask the jurors to continue deliberating, clarify the instructions, permit additional argument, or eventually declare a mistrial if the impasse cannot be resolved. A deadlock is not the same as an acquittal or a verdict for either side.

What happens next depends on whether the case is criminal or civil, the jurisdiction’s voting requirement, and whether the jury has reached decisions on some claims or charges. In California criminal cases, the verdict must be unanimous. In a California civil case, three-fourths of the jury can generally render a verdict, so disagreement by one or two jurors does not necessarily create a deadlock.

Deadlocked Jury Meaning: A Simple Definition

In ordinary language, a deadlock is a disagreement that prevents progress. In a jury trial, the term describes a jury that has deliberated but cannot reach the voting margin required to decide one or more issues.

“Deadlocked jury” and “hung jury” generally mean the same thing. The jurors may agree on some questions but remain divided on another. For example, a jury might agree on liability but not damages in a civil case, or reach verdicts on some criminal counts while remaining deadlocked on others.

The jury does not declare a mistrial. Jurors report the impasse to the judge, usually through the foreperson or a written note. The judge decides whether additional measures could help and whether the jury is genuinely unable to reach a verdict.

Does a Jury Have to Be Unanimous?

Not in every case. The required vote depends on the type of case and the court.

California criminal trials

A California criminal jury must reach a unanimous verdict to convict or acquit. If even one juror cannot agree after genuine deliberation, the jury may be unable to return a verdict on that charge.

California civil trials

California Constitution article I, section 16 permits three-fourths of the jury to render a verdict in a civil case. California Code of Civil Procedure section 618 likewise provides that a civil verdict may be returned when the jury, or three-fourths of the jurors, agrees.

With a 12-person California civil jury, that usually means nine jurors must agree. A split such as 10-2 or 9-3 can still produce a valid verdict. An 8-4 split generally cannot. When a case uses a smaller jury by agreement, the required number should be determined from the governing rules and the court’s instructions.

Federal civil trials

Federal Rule of Civil Procedure 48 generally requires a unanimous civil verdict unless the parties stipulate otherwise. This differs from California’s three-fourths rule and illustrates why articles that say all civil juries use one voting standard can be misleading.

What Happens When a Jury Says It Is Deadlocked?

A note from the jury does not automatically end the trial. The judge usually evaluates whether further deliberations could be productive without pressuring jurors to surrender honestly held views.

California Rule of Court 2.1036 allows a trial judge responding to an impasse to:

• ask whether the jury has specific concerns that could be resolved;
• give additional instructions;
• clarify earlier instructions;
• permit attorneys to make additional closing arguments; or
• use a combination of these measures.

The judge may also allow more deliberation time. The Ninth Circuit’s guidance for evaluating a reported jury deadlock identifies relevant circumstances such as the trial’s length and complexity, how long the jury has deliberated, the jury’s own assessment of the impasse, and whether exhaustion or coercion is becoming a concern.

Judges must be careful not to force a verdict. The Ninth Circuit’s model deadlocked-jury instruction encourages fair and impartial deliberation while making clear that jurors should not be rushed or pressured into agreement.

When Does a Deadlocked Jury Cause a Mistrial?

If the judge determines that the jury cannot reach the required agreement within a reasonable time, the judge may discharge the jury and declare a mistrial on the unresolved issues. The California Courts’ trial-process guidance describes this as a hung jury and notes that the case may be tried again before a new jury.

A mistrial ends the current trial without a final verdict on the deadlocked claims or charges. It does not necessarily end the lawsuit or criminal prosecution. The court may schedule further proceedings, and the parties must decide how to address the unresolved matter.

Can a Jury Reach a Partial Verdict?

Sometimes. A jury may reach a valid verdict on certain counts, claims, defendants, or issues while remaining deadlocked on others. Whether a partial verdict can be accepted depends on the case, the verdict form, and the applicable procedural rules.

If the court accepts the resolved portion, a mistrial may be limited to the remaining questions. This distinction matters because the completed verdict may have legal consequences even though another part of the case must be retried or otherwise resolved.

What Happens After a Hung Jury?

The next step depends heavily on whether the matter is criminal or civil.

After a hung jury in a criminal case

A prosecutor may decide to retry the unresolved charge before a new jury, negotiate a plea agreement, reduce or dismiss charges, or decline to proceed. The decision can depend on the evidence, witness availability, the jury’s apparent division, the seriousness of the charge, and litigation resources.

A hung jury is generally not an acquittal. The United States Supreme Court has recognized that a genuinely deadlocked jury can support a mistrial and retrial without violating the Double Jeopardy Clause. Different issues arise when a court has accepted an acquittal or another final verdict on a particular charge, so the exact record matters.

After a hung jury in a civil case

The court may set a new trial on the unresolved claims or issues. The parties may also return to negotiation, mediation, or a settlement conference. A mistrial can change each side’s assessment of the evidence, witnesses, expense, delay, and risk.

In a California personal injury lawsuit, the plaintiff and defendant might prepare for another trial while continuing settlement discussions. SLF’s guide to the personal injury litigation timeline explains where trial and post-trial proceedings fit within the broader case.

Does a Hung Jury Mean the Defendant Goes Free?

No. A hung jury means the required verdict was not reached. In a criminal case, the defendant is not convicted on the unresolved charge, but the charge may remain pending and a new trial may be scheduled. Custody, bail, and release conditions are separate questions for the court.

In a civil case, a deadlock does not automatically produce judgment for the defendant. The unresolved claim may be retried, dismissed under applicable procedures, or settled.

Is a Hung Jury the Same as a Mistrial?

They are closely related but not identical.

• Hung or deadlocked jury: the jury cannot reach the vote required for a verdict.
• Mistrial: the judge ends the trial without a final resolution because the proceeding cannot properly continue or conclude.

A deadlock is one possible reason for a mistrial. Other causes can include serious procedural error, prejudicial misconduct, an unavailable juror when the trial cannot continue, or another event that prevents a fair completion.

Why Do Juries Become Deadlocked?

A deadlock does not necessarily mean a juror acted improperly. Jurors can evaluate the same record honestly and reach different conclusions. Common sources of disagreement include:

• conflicting testimony or disputed witness credibility;
• complex medical, scientific, financial, or technical evidence;
• different interpretations of the facts;
• uncertainty about a legal instruction or verdict form;
• disagreement about whether the burden of proof was met;
• multiple claims, defendants, or criminal counts; and
• difficulty separating liability from damages.

Jurors must decide the case from admitted evidence and the judge’s instructions. A juror should not compromise an honest view merely to finish deliberations, but each juror should listen to the others and reconsider the evidence with an open mind.

Can Lawyers Prevent a Jury Deadlock?

No lawyer can guarantee a jury will agree. Attorneys can, however, present a clearer case and identify potential confusion before deliberations begin.

Trial preparation may include organizing evidence around the elements the jury must decide, using qualified experts where appropriate, proposing accurate jury instructions, preparing understandable verdict forms, and addressing credibility disputes directly. During jury selection, attorneys may also explore whether prospective jurors can apply the required legal standards fairly.

Once deliberations begin, attorneys do not communicate with jurors or direct their discussions. The judge controls any response to a reported impasse. California Rule of Court 2.1036 permits additional instructions, clarification, and additional closing arguments when the judge believes those measures may help.

How Can a Deadlock Affect a California Personal Injury Case?

A personal injury trial may ask jurors to decide negligence, causation, comparative fault, and damages. In California state court, three-fourths of the jurors generally must agree on the answers needed for a valid civil verdict. The analysis can become complicated when the verdict form contains many questions or multiple defendants.

If the jury cannot reach the required agreement, the judge may declare a mistrial on unresolved issues. The resulting delay and expense can be significant. The parties may prepare for a retrial, seek a court ruling on remaining procedural questions, or revisit settlement.

A deadlock does not prove that either side’s case was strong or weak. The vote split, questions from the jury, testimony, evidentiary rulings, and unresolved issues may all affect the parties’ next decisions. Anyone choosing between continued litigation and settlement should consider the risks and tradeoffs described in SLF’s guide to filing a personal injury lawsuit versus settling out of court.

Frequently Asked Questions

What does a deadlocked jury mean?

It means the jurors cannot reach the number of votes required for a verdict after deliberating. “Deadlocked jury” and “hung jury” are generally synonymous.

How long can a jury remain deadlocked?

There is no universal number of hours or days. The judge considers the trial’s complexity, the length and quality of deliberations, the jury’s communications, and whether further discussion could be useful without becoming coercive.

Can one juror cause a hung jury?

Yes, when unanimity is required. One dissenting juror can prevent a verdict in a criminal case or a federal civil case unless a different civil-vote arrangement applies. One dissenting juror would not ordinarily prevent a California civil verdict because three-fourths agreement is generally sufficient.

Can a judge force a jury to reach a verdict?

No. A judge may encourage continued deliberation and clarify legal instructions, but should not coerce jurors into abandoning honestly held views merely to produce a verdict.

Can a case be retried after a hung jury?

Often, yes. A criminal charge unresolved because of a genuinely hung jury may generally be retried without violating double jeopardy. Unresolved civil claims may also be tried again. The precise result depends on any partial verdicts, court rulings, and later decisions by the parties or prosecutor.

Can a civil case settle after a mistrial?

Yes. Civil litigants can usually continue settlement discussions after a deadlocked jury. A mistrial may give both sides new information about evidentiary issues, witness effectiveness, litigation cost, and trial risk.

Get Help With a California Personal Injury Case

If a California personal injury case is approaching trial, State Law Firm can explain the litigation process, settlement considerations, and the potential consequences of a jury trial. Our Sherman Oaks personal injury lawyers represent injured people in California. You can also meet the State Law Firm attorneys whose work includes personal injury litigation and trial preparation.

This article provides general legal information and does not create an attorney-client relationship. Court procedures and legal standards depend on the jurisdiction and case. Consult an attorney licensed where the matter is pending.