Rule 5-611. Return of verdict; mistrial; discharge of jurors.

A. Return. The verdict shall be unanimous and signed by the foreman. It shall be returned by the jury to the judge in open court. B. Several defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict with respect to any defendant as to whom it has agreed. C. Several counts. If there are two or more counts, the jury may at any time during its deliberations return a verdict with respect to any count upon which it has agreed. D. Conviction of lesser offense. If so instructed, the jury may find the defendant guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein. If the jury has been instructed on one or more lesser included offenses, and the jury cannot unanimously agree upon any of the offenses submitted, the court shall poll the jury by inquiring as to each degree of the offense upon which the jury has been instructed beginning with the highest degree and, in descending order, inquiring as to each lesser degree until the court has determined at what level of the offense the jury has disagreed. If upon a poll of the jury it is determined that the jury has unanimously voted not guilty as to any degree of an offense, a verdict of not guilty shall be entered for that degree and for each greater degree of the offense. E. Poll of jury. When a verdict is returned and before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations. F. Irregularity of verdict. No irregularity in the rendition or reception of verdict of which the parties have been made aware may be raised unless it is raised before the jury is discharged. No irregularity in the recording of a verdict shall affect its validity unless the defendant was in fact prejudiced by such irregularity. G. Discharge of jury. After the jury has retired to consider their verdict the court shall discharge the jury from the cause when: (1) their verdict has been received; (2) the court finds there is no reasonable probability that the jury can agree upon a verdict; or (3) some other necessity exists for their discharge. The court may in any event discharge the jury if the parties consent to its discharge. H. Mistrial; jury disagreement. An order declaring a mistrial for jury disagreement shall be in writing and shall expressly reserve the right to retry the defendant. Orders declaring mistrial for jury disagreement shall be substantially in the form approved by the supreme court.