{"id":4374,"date":"2017-08-10T01:52:56","date_gmt":"2017-08-10T01:52:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4374"},"modified":"2017-08-13T21:20:13","modified_gmt":"2017-08-13T21:20:13","slug":"rule-49-special-verdict-general-verdict-and-questions","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4374","title":{"rendered":"Rule 49 \u2013 Special Verdict; General Verdict and Questions"},"content":{"rendered":"

(a)\u00a0Special Verdict<\/strong>.<\/span><\/p>\n

(1)\u00a0In General.<\/em>\u00a0The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. The court may do so by:<\/span><\/p>\n

(A) submitting written questions susceptible of a categorical or other brief answer;<\/span><\/p>\n

(B) submitting written forms of the special findings that might properly be made under the pleadings and evidence; or<\/span><\/p>\n

(C) using any other method that the court considers appropriate.<\/span><\/p>\n

(2)\u00a0Instructions.<\/em>\u00a0The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue.<\/span><\/p>\n

(3)\u00a0Issues Not Submitted.<\/em>\u00a0A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.<\/span><\/p>\n

(b)\u00a0General Verdict with Answers to Written Questions<\/strong>.<\/span><\/p>\n

(1)\u00a0In General.<\/em>\u00a0The court may submit to the jury forms for a general verdict, together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing, and must direct the jury to do both.<\/span><\/p>\n

(2)\u00a0Verdict and Answers Consistent.<\/em>\u00a0When the general verdict and the answers are consistent, the court must approve, for entry under\u00a0Rule 58<\/a>, an appropriate judgment on the verdict and answers.<\/span><\/p>\n

(3)\u00a0Answers Inconsistent with the Verdict.<\/em>\u00a0When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may:<\/span><\/p>\n

(A) approve, for entry under\u00a0Rule 58<\/a>, an appropriate judgment according to the answers, notwithstanding the general verdict;<\/span><\/p>\n

(B) direct the jury to further consider its answers and verdict; or<\/span><\/p>\n

(C) order a new trial.<\/span><\/p>\n

(4)\u00a0Answers Inconsistent with Each Other and the Verdict.<\/em>\u00a0When the answers are inconsistent with each other and one or more is also inconsistent with the general verdict, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new trial.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(a)\u00a0Special Verdict. (1)\u00a0In General.\u00a0The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. The court may do so by: (A) submitting written questions susceptible of a categorical or other brief answer; (B) submitting written forms of the special findings that … Continue reading Rule 49 \u2013 Special Verdict; General Verdict and Questions<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":5002,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4374","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4374","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4374"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4374\/revisions"}],"predecessor-version":[{"id":5014,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4374\/revisions\/5014"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/5002"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}