Rule 49 permits a special verdict consisting of written findings, or a general verdict accompanied by answers to written questions. Inconsistency between answers and a general verdict permits the court to order further deliberation, enter judgment consistent with answers, or grant a new trial.
Questions must be clear and non-argumentative.
Alternative Names:
Jury Interrogatories, Written Questions to Jury
Why it Matters?
Interrogatories discipline the jury toward the elements and create a record of what was actually decided, which protects against a general verdict resting on a theory the evidence did not support. They also generate inconsistency issues that can require a new trial. Drafting questions that cannot produce contradictory answers is the design work, and reviewing the proposed set for combinations that would conflict is worth doing carefully.
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Frequently asked questions
What do special interrogatories accomplish?
What is the design risk?





