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.
Rule 48.Juries of less than twelve; Majority verdict
Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 48 sets the default civil jury at twelve members with a unanimous verdict, but lets the parties agree in advance to a smaller jury, a smaller unanimity requirement in magistrate's court, or a verdict reached by an agreed majority rather than all jurors.
Full Text of Rule 48
Notes
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.
Plain-English Summary
Rule 48 states the baseline and then hands the parties a way around it. The baseline: a civil jury has twelve members, and their verdict has to be unanimous. That's the default every case starts from unless the parties change it. The way around it: the parties can stipulate to a jury of fewer than twelve, or agree that a verdict reached by some stated majority — rather than every juror — will count as the jury's verdict.
The rule also carves out magistrate's court, where the parties can stipulate to a jury of fewer than six for a civil action, matching the smaller-scale procedure common in that court. In every setting, the flexibility runs through agreement between the parties — nothing in the rule lets one side impose a smaller jury or a majority verdict over the other side's objection.
The practical value of this rule shows up mid-trial. If a juror becomes ill, is excused, or otherwise can't continue, and no alternate juror is available under Rule 47(b), a stipulation under Rule 48 lets the trial continue with the remaining jurors rather than forcing a mistrial. Absent a stipulation, the parties are left with the traditional twelve and unanimity.
Frequently Asked Questions
Is a South Carolina civil jury always twelve people?
Twelve is the default and the verdict must be unanimous unless the parties agree otherwise. Rule 48 lets them stipulate to a smaller jury or to a verdict reached by an agreed majority instead.
Can the parties agree to a jury of fewer than twelve?
Yes, by stipulation. The parties can agree in advance to any number less than twelve for circuit court civil actions, or fewer than six for civil actions in magistrate's court.
What happens if a juror drops out mid-trial and there's no alternate?
Rule 48 gives the parties an option: stipulate to proceed with the remaining jurors rather than mistry the case. Without a stipulation, the case generally needs the full jury the parties started with.
Can the parties agree that a majority verdict counts, rather than requiring unanimity?
Yes. The rule allows a stipulation that a verdict or finding by a stated majority of the jurors will be treated as the jury's verdict, instead of requiring every juror to agree.
Does Rule 48 apply the same way in magistrate's court as in circuit court?
The core options are the same, but magistrate's court has its own floor: the parties may stipulate to a jury of fewer than six there, compared with fewer than twelve in circuit court civil actions.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: twelve person jury South Carolinaunanimous jury verdict civil casestipulate to fewer jurorsmajority verdict jury stipulationmagistrate court jury size South Carolina