Inconsistency arises where special findings conflict with each other or with a general verdict. Rule 49 permits the court to order further deliberation, enter judgment consistent with the answers, or grant a new trial.
Objection is generally required before discharge.
Alternative Names:
Verdict Inconsistency, Conflicting Verdict
Why it Matters?
Preservation is the recurring failure, since most jurisdictions require objection before the jury is discharged so it can be sent back to resolve the conflict. A party that identifies the inconsistency after discharge has generally waived it. Reviewing the verdict form against the findings immediately upon return, before the jury leaves, is the practical requirement and it must be done under time pressure.
Frequently Confused with
Related terms
Frequently asked questions
When must inconsistency be raised?
What is the practical requirement?
