Under Rule 49(a) the court submits written questions on each issue of fact, and the jury returns findings without reaching the ultimate outcome. The court then applies the law to enter judgment.
Questions must cover every issue necessary to judgment.
Alternative Names:
Special Verdict Form, Itemized Verdict
Why it Matters?
Omitting an issue from a special verdict form has consequences, since a party that fails to demand submission of an issue waives a jury trial on it and the court makes the finding. That makes reviewing the proposed form for completeness a preservation task rather than a formality. The structure also isolates apportionment and damages components, which is valuable where a verdict may be challenged as excessive on one element.
Frequently Confused with
Related terms
Frequently asked questions
What happens if an issue is omitted from the form?
What is the structural advantage?
