Rule 49: Special Verdict; General Verdict with Interrogatories

Rule 49 gives the court two alternatives to the standard general verdict (a simple win/lose verdict with a damages amount). A special verdict asks the jury to answer specific factual questions without stating who wins — the court then applies the law to the jury's factual findings. A general verdict with interrogatories is a hybrid: the jury gives a general verdict but also answers specific factual questions.

The general verdict with interrogatories creates an important check on the jury's reasoning. If the answers to the interrogatories are consistent with the general verdict, the court enters judgment on the verdict. But if they conflict, the court has three options: enter judgment consistent with the interrogatory answers (overriding the general verdict), send the jury back to deliberate further, or order a new trial.

These devices are useful in complex cases because they force the jury to articulate its reasoning on key factual issues, making the verdict more transparent and easier to review on appeal.