Rule 49.Verdicts; Interrogatories

Division (A) requires the jury to reach a general verdict finding generally for the prevailing party. Division (C) abolishes special verdicts in Ohio practice entirely.

Division (B) lets any party, before closing argument begins, request that the court submit written interrogatories to the jury alongside the general verdict form. Counsel must submit the proposed interrogatories to the court and to opposing counsel at that time, and the court tells counsel how it will rule on the requests before arguments begin -- though the interrogatories go to the jury in whatever form the court approves, not necessarily the exact wording requested. Interrogatories may address one or more determinative issues, whether purely factual or a mix of fact and law, and the court gives the jury whatever explanation is needed to answer the interrogatories and reach a general verdict, directing it to do both. When the general verdict and the interrogatory answers agree, judgment is entered on them under Rule 58. When one or more answers conflict with the general verdict, the court has three options: enter judgment consistent with the answers despite the general verdict, send the jury back for further deliberation, or order a new trial.