The court may, if it judges the jury has mistaken the evidence in the action and has brought in a verdict contrary to the evidence, or has brought in a verdict contrary to the direction of the court in a matter of law, return them to a second consideration, and for the same reason may return them to a third consideration. The jury shall not be returned for further consideration after a third consideration.

(1949 Rev., S. 7972; P.A. 82-160, S. 110.)

History: P.A. 82-160 rephrased the section.

Embraces actions for a statutory penalty. 1 R. 493. New trial may be granted for wrong instructions given in returning jury. 9 C. 112. But not for expressing opinion in favor of a different verdict. 4 D. 406; 99 C. 416. Cited. 64 C. 65. When jury may be returned; discretion of court; instructions. 74 C. 584; 90 C. 262; 99 C. 416; 105 C. 530; 106 C. 728; 113 C. 254. Where jury is called in for further instructions or comes in to ask a question. 82 C. 618. If verdict returned a third time, it must be accepted. 89 C. 241. Discretion of court. 90 C. 276; 98 C. 462; 108 C. 553. Instructing jury as to duty to agree. 90 C. 385. Judge need not announce verdict returned because not in proper form. 72 C. 141. Verdict may be returned for addition of interest. 82 C. 615. Court may return jury where verdict is clearly inadequate; 90 C. 93; or where in homicide case, it doubts correctness of first degree verdict. 93 C. 244. Court should ordinarily permit clerk to read aloud verdict returned in proper form; affidavits of jurors that they understood and weighed charge cannot be used to support motion in arrest of judgment where court returned jury thinking they had not understood the charge. 105 C. 530. Proper for court to tell jury why they are returned; no error in remark that, if plaintiff was entitled to recover, amount was inadequate. 117 C. 436. Nor in comment that, if jury believed plaintiff's evidence concerning special damages, court felt inadequate amount had been allowed for general damages. 128 C. 56. Not a verdict until accepted by court, but court's silence when clerk proclaims verdict is acceptance. 120 C. 537. Court may return jury even though verdict not so unreasonable that if accepted it would have to be set aside. 133 C. 686. Not error for court to accept verdict on first count in murder case and return jury for further consideration of counts on which they could not agree. 134 C. 114. Cited. 143 C. 31. If jury's decision is unintelligible, court should direct jury, with appropriate instructions, to reconsider its verdict. 147 C. 72. Court may return jury for reconsideration of a verdict if it feels it is excessive; before jury is returned for reconsideration, its verdict should be read by the clerk and assented to by the foreman. Id., 191. Section did not apply where jury made 3 reports of disagreement to court; report of disagreement merely serves to inform court of inability of jury to reach a verdict and is not a verdict. 156 C. 159. Cited. 173 C. 183. Exercise of court's power in returning jury to reconsider verdict is not conditioned on verdict being so unreasonable that it would have to be set aside if accepted. 175 C. 230. Cited. 189 C. 1; 225 C. 238; Id., 420; 232 C. 480.

Cited. 28 CA 449; 38 CA 447; 45 CA 571.

The court may, in returning the jury, submit any issue save that of damages. 10 CS 99. Cited. 22 CS 41; 38 CS 400, 404.