Rule 49.Special Verdicts and Interrogatories

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 49 lets a court take a special verdict — written findings on each fact issue — or a general verdict accompanied by written questions, and tells the court how to handle answers that are inconsistent with the verdict or each other.

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

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 — through targeted questions or special-finding forms — and the judge applies the law to those findings. With a general verdict plus written questions, the jury renders an overall verdict and also answers specific factual questions.

The rule's real work is handling conflicts. If the answers are consistent with each other and the general verdict, judgment follows. If the answers are consistent with each other but inconsistent with the general verdict, the court may enter judgment on the answers, send the jury back, or order a new trial. If the answers are inconsistent with each other and the verdict, the court may not enter judgment and must either return the matter to the jury or order a new trial.

Frequently Asked Questions

What is a special verdict?

A verdict in which the jury makes written findings on each issue of fact — rather than a single general verdict — and the court applies the law to those findings.

What happens if the jury's answers conflict with its verdict?

It depends. If the answers are internally consistent but conflict with the general verdict, the court may enter judgment on the answers, return the matter to the jury, or order a new trial. If the answers also conflict with each other, judgment cannot be entered.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: special verdictgeneral verdictjury interrogatories