Art. 1812.Special Verdicts

A special verdict asks the jury to answer specific written findings on each disputed fact, rather than returning one general verdict for a side. Article 1812 lets the court require this format, and gives it several ways to do it: submitting written questions that call for a categorical or brief answer, submitting written forms covering the possible special findings the pleadings and evidence would support, or using any other appropriate method of putting the issues to the jury and getting written findings back. Whatever method it uses, the court has to give the jury enough explanation and instruction to make those findings on each issue submitted.

There is a real consequence to leaving an issue out. If the court omits a fact issue that the pleadings or the evidence raised, each party waives its right to a jury trial of that particular issue, unless a party demands its submission to the jury before the jury retires. If no one demands it, the court may make its own finding on the omitted issue, and if the court does not do that either, the law presumes the court found in a way consistent with the judgment on the special verdict. The court also has to tell the parties, within a reasonable time before their arguments to the jury, what the special verdict form and instructions will look like, giving them a real chance to object before the jury ever sees it.

Paragraph C addresses the case type where this device shows up most: suits to recover damages for injury, death, or loss. At any party's request, the court must submit written questions asking whether a party or a person that party is legally responsible for was at fault, whether that fault caused the damages, and the percentage of that fault — and, where appropriate, the same three questions about another party or a nonparty, and about the claiming party's own negligence. The article defines "nonparty" broadly enough to include someone who has already been released from liability, someone whose identity is unknown, and someone who may be immune from suit. The jury also has to find the total dollar amount of special damages, the total dollar amount of general damages, and, where appropriate, exemplary damages. Once the jury answers, the court enters judgment consistent with those answers and the applicable law.