Not all cases that go to trial are decided by a jury. Some cases are decided at a court trial where the judge makes the decision. Various factors impact whether the case will be decided by a jury including whether the parties request a jury trial. Links to court rules providing more information about juries appear on the bottom of this page.
Magistrate Division
3/4* Majority
6 Max*
Civil District
3/4* Majority
—
6 Min / 12 Max*
Misdemeanor
Unanimous**
6***
Felony
Unanimous**
12***
Infractions, Small Claims, Divorces, and Others
Judge
None
* See Idaho Rule of Civil Procedure 39 and Idaho Rule of Civil Procedure 47 for more information about juries in civil cases
** See Idaho Criminal Rule 31 for more information on jury verdicts in criminal cases
*** See Idaho Criminal Rule 23 for more information about the number of jurors in different criminal cases