§56-6-11. Execution of order of inquiry and trial of case by
court; six member jury in civil trials; twelve
member jury in eminent domain, medical professional
liability and criminal trials.
(a) The court, in an action at law, if neither party requires
a jury, or if the defendant has failed to appear and the plaintiff
does not require a jury, shall ascertain the amount the plaintiff
is entitled to recover in the action, if any, and render judgment
accordingly. In any case, in which a trial by jury would be
otherwise proper, the parties or their counsel, by consent entered
of record, may waive the right to have a jury, and thereupon the
whole matter of law and fact shall be heard and determined, and
judgment given by the court. Absent such waiver, in any civil
trial a jury shall consist of six members and in any criminal trial
a jury shall consist of twelve members.
(b) The provisions of this section do not apply to any
proceeding had pursuant to article two, chapter fifty-four of this
code, the provisions of which apply to all cases involving the
taking of property for a public use.
(c) The provisions of this section providing for a six member
jury trial do not apply to any proceeding had pursuant to article
seven-b, chapter fifty-five of this code, the provisions of which
apply to all cases involving a medical professional liability action.