Rule 49. Verdicts.
Rule 49. Verdicts.
(a) General and specialverdicts. The judge may require a jury to return either a general or aspecial verdict and in all cases may instruct the jury, if it renders a generalverdict, to find upon particular questions of fact, to be stated in writing,and may direct a written finding thereon. A general verdict is that by whichthe jury pronounces generally upon all or any of the issues, either in favor ofthe plaintiff or defendant. A special verdict is that by which the jury findsthe facts only.
(b) Framing of issues. Issues shall be framed in concise and direct terms, and prolixity andconfusion must be avoided by not having too many issues. The issues, materialto be tried, must be made up by the attorneys appearing in the action, or bythe judge presiding, and reducing to writing, before or during the trial.
(c) Waiver of jurytrial on issue. If, in submitting the issues to the jury, the judge omits anyissue of fact raised by the pleadings or by the evidence, each party waives hisright to a trial by jury of the issue so omitted unless before the jury retireshe demands its submission to the jury. As to an issue omitted without suchdemand the judge may make a finding; or, if he fails to do so, he shall bedeemed to have made a finding in accord with the judgment entered.
(d) Special findinginconsistent with general verdict. Where a special finding of facts isinconsistent with the general verdict, the former controls, and the judge shallgive judgment accordingly. (1967, c. 954, s. 1.)