SC · rules
SCRCP 48
Juries of Less Than Twelve; Majority Verdict
The jury shall be composed of twelve persons and their verdict shall be unanimous, except that the
parties may stipulate that the jury shall consist of any number less than twelve, or less than six in civil
action in magistrate's courts, or that a verdict or a finding of a stated majority of the jurors be taken as
the verdict or finding of the jury.
Note:
This Rule 48 is substantially identical to the Federal Rule. Except in capital felony cases
(State v. Hall, 137 S.C. 261, 101 S.E. 662 (1919)), there is no constitutional barrier to
waiver of the 12 person or unanimous verdict requirements. The Rule should be
particularly useful in cases where a juror becomes disabled and there is no alternate
juror available. The clause concerning magistrate's courts is to conform to Code § 22-
3-240.
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-01-print-version-2026-10-02
- Content hash
1ed8fed6c2346bbc0f4cd6de2bd7a836355b2e7363be88df62ddf66eeb2c9c81
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