60-249. Special verdict and interrogatories.
60-249
60-249. Special verdict and interrogatories.(a) Special verdicts. The judge may require a jury to return only aspecial verdict in the form of a special written finding upon each issue offact. In that event the court may submit to the jury written questionssusceptible of categorical or other brief answer or may submit written formsof the several special findings which might properly be made under thepleadings and evidence; or it may use such other method of submitting theissues and requiring the written findings thereon as it deems mostappropriate. The judge shall give to the jury such explanation andinstruction concerning the matter thus submitted without commenting on theevidence, as may be necessary to enable the jury to make its findings uponeach issue. If in so doing the court omits any issue of fact raised by thepleadings or by the evidence, each party waives his or her right to a trial byjury of the issue so omitted unless before the jury retires he or she demandsits submission to the jury. As to an issue omitted without such demand thecourt may make a finding; or, if it fails to do so, it shall be deemed tohave made a finding in accordance with the judgment on the special verdict.
(b) General verdict accompanied by answer to interrogatories. Thejudge may if requested in writing, submit to the jury, together withappropriate forms for a general verdict, written interrogatories upon oneor more substantial questions of disputed facts on which decision isnecessary to a verdict. The number and form thereof shall be subject to thecontrol of the judge. The court shall give such explanation or instructionas may be necessary to enable the jury both to make answers to theinterrogatories and to render a general verdict, and the court shall directthe jury both to make written answers and to render a general verdict. Whenthe general verdict and the answers are harmonious, the court shall directthe entry of the appropriate judgment upon the verdict and answers. Whenthe answers are consistent with each other but one or more is inconsistentwith the general verdict, the court may direct the entry of judgment inaccordance with the answers, notwithstanding the general verdict or mayreturn the jury for further consideration of its answers and verdict or mayorder a new trial. When the answers are inconsistent with each other andone or more is likewise inconsistent with the general verdict, judgmentshall not be entered, but the court shall return the jury for furtherconsideration of its answers and verdict or shall order a new trial.
History: L. 1963, ch. 303, 60-249; Jan. 1, 1964.