Rule 49.Special Verdict; General Verdict and Questions

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 49 lets the court take a special verdict — written findings on each issue of fact — or a general verdict accompanied by written questions, and it sets what happens when the answers conflict with each other or with the general verdict.

Full Text of Rule 49

Text sizeJump to: (a) (b)

(a) Special Verdict.

(1) In General. 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 court may do so by:

(A) submitting written questions susceptible of a categorical or other brief answer;

(B) submitting written forms of the special findings that might properly be made under the pleadings and evidence; or

(2) Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue.

(3) Issues Not Submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.

(b) General Verdict with Answers to Written Questions.

(1) In General. The court may submit to the jury forms for a general verdict, together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer 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 on the verdict and answers.

(3) Answers Inconsistent with the Verdict. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may:

(A) approve, for entry under Rule 58, an appropriate judgment according to the answers, notwithstanding the general verdict;

(B) direct the jury to further consider its answers and verdict; or

(4) Answers Inconsistent with Each Other and the Verdict. When the answers are inconsistent with each other and one or more is also inconsistent with the general verdict, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new trial.

End

Amendment History

(Amended January 21, 1963, effective July 1, 1963; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 49 gives the court two structured alternatives to a bare general verdict. With a special verdict, the jury returns written findings on each issue of fact, and the court applies the law to those findings to reach judgment. With a general verdict and written questions, the jury returns a general verdict but also answers specific written questions about key facts.

The rule also handles inconsistency. If the jury’s answers to the written questions are consistent with each other but not with the general verdict, the court may follow the answers, return the case to the jury, or order a new trial; if the answers conflict with one another, the court may not enter judgment and must send the matter back or order a new trial. A party usually waives an issue not submitted unless it objects.

Frequently Asked Questions

What is a special verdict?

A verdict in which the jury makes written findings on each factual issue, leaving the court to apply the law and enter judgment (Rule 49(a)).

What happens if the jury's written answers conflict with each other?

The court may not enter judgment on the inconsistent answers; it must return the jury for further deliberations or order a new trial (Rule 49(b)(3)).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 49), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 49Fed. R. Civ. P. 49special verdictgeneral verdict with questionsjury verdict form