The jury shall consist of six persons, unless the parties agree to a smaller number, not less than three. The parties may stipulate at any time before the verdict is returned that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.

Annotation Law reviews. For article, “Trials: Rules 38-53 “, see 23 Rocky Mt. L. Rev. 571 (1951). Annotator’s note. Since this rule is similar to § 197 of the former Code of Civil Procedure, which was replaced by the Rules of Civil Procedure in 1941, relevant cases construing that section have been included in the annotations to this rule. Where a party objects to a jury of three, the objection should be sustained and a jury of six impaneled to try the cause. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Unless the parties consent thereto, a jury of three cannot lawfully try a suit. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Attorney appointed in default cannot consent. In case of default where an attorney has been appointed by the court to represent the absent defendant, the attorney so appointed cannot consent for the defendant to have the cause tried by a jury of three. Branch v. Branch, 30 Colo. 499, 71 P. 632 (1903). Applied in People v. Peek, 199 Colo. 3, 604 P.2d 23 (1979); People v. Boos, 199 Colo. 15, 604 P.2d 272 (1979).

For number of jurors, see § 13-71-103 , C.R.S.