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.

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.