After all the evidence has been submitted and both sides have rested, the judge will explain the applicable laws to the jury by reading the jury instructions. The jury will then be asked to go to jury room to discuss the evidence in secret. Out of the presence of the judge, the lawyers and the parties, the jury will decide which facts presented are true, apply those facts to the law specified in the jury instructions and attempt to reach an agreement called a verdict. In order to reach a verdict, a required number of jurors must agree on each point to be decided.

The number of jurors who must agree in order to reach a verdict is different in different jurisdictions. A unanimous verdict is required in federal court, but some state courts allow a verdict even if some of the jurors do not agree with the majority. The rule in your state will be explained by your lawyer. If the jury cannot reach a verdict, the court will declare a mistrial, which is sometimes called a "hung jury." When a trial ends with a hung jury, the case has to be retried before a new jury, starting from the beginning.