WVC 55 - 7 B- 6D
§55-7B-6d. Twelve-member jury trial.
Notwithstanding any other provision of this code, the jury in
any trial of an action for medical professional liability shall
consist of twelve members. The judge shall instruct the jury that
they should endeavor to reach a unanimous verdict but, if they
cannot reach a unanimous verdict, they may return a majority
verdict of nine of the twelve members of the jury. The judge shall
accept and record any verdict reached by nine members of the jury.
The verdict shall bear the signatures of all jurors who have
concurred in the verdict. The verdict shall be announced in open
court, either by the jury foreperson or by any of the jurors
concurring in the verdict. After a verdict has been returned and
before the jury has been discharged, the jury shall be polled at
the request of any party or upon the court's own motion. The poll
shall be conducted by the clerk of the court asking each juror
individually whether the verdict announced is such juror's verdict.
If, upon the poll, a majority of nine members of the jury has not
concurred in the verdict, the jury may be directed to retire for
further deliberations or the jury may be discharged.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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