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.
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.