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Click ‘Get Form’ to open the special verdict form in the editor.
Begin by filling in the case details, including the names of the plaintiff and defendant, as well as the case number. This information is crucial for identifying the specific trial.
Proceed to Question 1 regarding the negligence of the defendant. Select 'Yes' or 'No' based on your assessment. If 'Yes', continue to Question 2; if 'No', stop and have the presiding juror sign.
In Question 2, determine if the defendant's negligence was a substantial factor in causing damages. Again, select 'Yes' or 'No' and follow similar instructions as before.
For Question 3, calculate and enter any economic and non-economic damages in their respective fields. Ensure accuracy as this will impact overall findings.
Continue through Questions 4 and 5 regarding plaintiff negligence, following similar steps for answering and signing off by the presiding juror.
Finally, complete Question 6 by assigning percentages of responsibility between parties involved. Make sure that total equals 100% before finalizing.
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Special verdicts (Rule 49(a)) enhance the precision of jury decisions by requiring detailed findings on specific issues, which can be particularly useful in complex cases. This method strips down the verdict to its factual components, leaving the application of the law to those facts in the hands of the judge.
What is a general verdict form with special interrogatories?
A general verdict with interrogatories (sometimes referred to as a general verdict accompanied by answers to written questions) is a hybrid approach prescribed by Rule 49(b). The jury announces its overall decision (as in a general verdict) but also answers specific factual questions crafted by the court.
What is the difference between a general verdict form and a special verdict form?
This rule stems from the nature of a special verdict and its recognized pitfalls, namely, that it requires the jury to resolve all of the controverted issues in the case, unlike a general verdict, which merely implies findings on all issues in one partys favor.
What is the point of special interrogatories?
Use a Special Interrogatory (sometimes called a Specially Prepared Interrogatory) if you want to write the questions yourself. You use this if you want to ask questions that are specific to your case and are not included on the Form Interrogatory form. A Special Interrogatory doesnt use a specific court form.
What are the different types of verdicts?
In a criminal case, the verdict, either not guilty or guiltyexcept in Scotland where the verdict of not proven is also availableis handed down by the jury. Different counts in the same case may have different verdicts.
special verdict form california
Special verdict exampleSpecial verdict vs general verdictGeneral verdict form with interrogatoriesSpecial verdict form CaliforniaDirected verdictHow to write a verdictFrcp Rule 49Frcp 51
People also ask
What are the two kinds of verdicts a jury can decide to give?
Petit juries render a verdict, of guilty/not guilty in a criminal case, or in favor of a defendant or plaintiff in a civil case.
What is a general verdict?
1 (in a civil case) A verdict that is entirely in favour of one or other party. 2 (in a criminal case) A verdict either of guilty or not guilty. Compare special verdict. From: general verdict in A Dictionary of Law
special verdict form template
Rule 49. Special Verdict; General Verdict and Questions
The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact.
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case. This verdict form is
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