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Rule 289. Discharge of Jury


The jury to whom a case has been submitted may be discharged by the court in instances as follows:

(a) When they cannot agree and both parties consent to their discharge, or when they have been kept together for such time as to render it altogether improbable that they can agree, or when any calamity or accident may, in the opinion of the court, require it, or when by sickness or other cause their number is reduced below the number constituting the jury in such court.

(b) The jury shall be discharged by the final adjournment of the court before they have agreed upon a verdict.

(c) Where a jury has been discharged without having rendered a verdict, the cause may be again tried at the same or another term.

Source: Art. 2200, reworded with minor textual change.

Oct. 29, 1940, eff. Sept. 1, 1941.


Dec. 5, 1983, eff. April 1, 1984