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      CCRP 812     

  

Art. 812.  Same; polling and disposition of jury

The court shall order the clerk to poll the jury if requested by the state or the defendant.  It shall be within the discretion of the court whether such poll shall be conducted orally or in writing by applying the procedures of Paragraph (1) or Paragraph (2) of this Article.

(1)  Oral polling of the jury shall consist of the clerk's calling each juror, one at a time, by name.  He shall announce to each juror the verdict returned, and ask him, "Is this your verdict?" Upon receiving the juror's answer to the question, the clerk shall record the answer.

If, upon polling all of the jurors, the number of jurors required by law to find a verdict answer "Yes," the court shall order the clerk to record the verdict and the jury shall be discharged.  If, upon polling all of the jurors, the number required to find a verdict do not answer "Yes," the jury may be remanded for further deliberation, or the court may declare a mistrial in accordance with Article 775.

(2)  The procedure for the written polling of the jury shall require that the clerk hand to each juror a separate piece of paper containing the name of the juror and the words "Is this your verdict?" Each juror shall write on the slip of paper the words "Yes" or "No" along with his signature.  The clerk shall collect the slips of paper, make them available for inspection by the court and counsel, and record the results.  If a sufficient number of jurors as required by law to reach a verdict answer "yes" the clerk shall so inform the court.  Upon verification of the results, the court shall order the clerk to record the verdict and order the jury discharged.  If an insufficient number required to find a verdict answer "Yes," the court may remand the jury for further deliberation, or the court may declare a mistrial in accordance with Article 775.

Amended by Acts 1975, No. 475, §1.



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