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In a jury trial, what is the 5/6 rule?


A: In medical malpractice and accident cases in New York, when the case goes to the jury, they must answer specific questions about who is more likely right that wrong. The court gives an instruction that 5 out of 6 jurors must agree on every question. That is the required number of people necessary in order to reach a decision on any given question. Importantly, for each question there does not need to be the same five people who agree or disagree on a particular question. That is known as the 5/6 rule. If all six agree, then it is a unanimous decision.