(a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
(b) General Verdict Accompanied by Answer to Interrog - atories . The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
(a) Special Verdicts.
(1) In General. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the juryThe court may do so by:
(A) submitting written questions susceptible of a categorical or other brief answer or may;
(B) submitting written forms of the several special findings whichthat might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate
(C) using any other method that the court considers appropriate.
(2) Instructions. The court shallmust give to the jury such explanation and instruction concerning the matter thus submitted as may behe instructions and explanations necessary to enable the jury to make its findings upon each issue. If in so doing the court omitssubmitted issue.
(3) Issues Not Submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. As to an issue omitted without such demandIf the party does not demand submission, the court may make a finding; or, if it failn the issue. If the court makes tno do so, it shall be deemfinding, it is considered to have made a finding in accordconsistent with theits judgment on the special verdict.
(b) General Verdict Accompanied bywith Answers to Interrog - atories Written Questions.
(1) In General. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdicttogether with written questions on one or more issues of fact that the jury must decide. The court shallmust give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories andthe instructions and explanations necessary to enable the jury to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, theanswer the questions in writing, and must direct the jury to do both.
(2) Verdict and Answers Consistent. When the general verdict and the answers are consistent, the court must approve, for entry under Rule 58, an appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58.
(3) Answers Inconsistent with the Verdict. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance withthe court may:
(A) approve, for entry under Rule 58, an appropriate judgment according to the answers, notwithstanding the general verdict, or the court may return;
(B) direct the jury forto further consideration of its answers and verdict; or may
(C) order a new trial.
(4) Answers Inconsistent with Each Other and the Verdict. When the answers are inconsistent with each other and one or more is likewisealso inconsistent with the general verdict, judgment shallmust not be entered, but; instead, the court shall returnmust direct the jury forto further consideration of its answers and verdict, or shallmust order a new trial.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)