Special Interrogatories

Special Interrogatories

Special Interrogatories

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.

Frequently asked questions

What do special interrogatories accomplish?

What do special interrogatories accomplish?

They discipline the jury toward the elements and create a record of what was decided, protecting against verdicts on unsupported theories.

What is the design risk?

What is the design risk?

Question combinations that can produce contradictory answers, which may require further deliberation or a new trial.