N.D.R.Civ.P.
RULE 49. SPECIAL VERDICTS AND
INTERROGATORIES VERDICT; GENERAL
VERDICT AND QUESTIONS
(a) Special verdicts Verdict.
The court in its discretion may require a jury to return only a special verdict in the
form of
a special written finding upon each issue of fact. In that event, the court may submit to the
jury written questions susceptible of categorical or other brief answer or may submit written
forms of the several special findings that might properly be made under the pleadings and
evidence; or it may use such other method of submitting the issues and requiring the written
findings thereon as it considers most appropriate.
(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
(C) using any other method that the court considers appropriate.
The court shall give to the jury such explanation and instruction concerning the
matter thus
submitted as may be necessary to enable the jury to make its findings upon each issue. If in
so doing the court omits any issue of fact raised by the pleadings or by the evidence, each
party waives the right to a trial by jury of the issue so omitted unless before the jury retires
the party demands its submission to the jury. As to an issue omitted without a demand the
court may make a finding; or, if it fails to do so, it is deemed to have made a finding in
accord with the judgment on the special verdict.
(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 accompanied by answer to interrogatories With
Answers to Written
Questions.
The court may submit to the jury, together with appropriate forms for a general
verdict,
written interrogatories upon one or more issues of fact the decision of which is necessary to
a verdict. The court shall give such explanation or instruction as may be necessary to enable
the jury both to make answers to the interrogatories and to render a general verdict, and the
court shall direct the jury both to make written answers and to render a general verdict.
When the general verdict and the answers are harmonious, the court shall direct the entry of
the appropriate judgment upon the verdict and answers. When the answers are consistent
with each other but one or more is inconsistent with the general verdict, the court may direct
the entry of judgment in accordance with the answers, notwithstanding the general verdict
or may return the jury for further consideration of its answers and verdict or may order a new
trial. When the answers are inconsistent with each other and one or more is likewise
inconsistent with the general verdict, the court shall not direct the entry of judgment but may
return the jury for further consideration of its answers and verdict or may order a new
trial.
(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 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
(C) order a new trial.
(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.
EXPLANATORY NOTE
Rule 49 was amended, effective March 1, 1990; _____________________.
Rule 49 is identical to Rule 49, FRCivP, except for style changes and the deletion
from
subdivision (b) of references to Rule 58, as Rule 58 differs substantially from Rule 58
is
derived from Fed.R.Civ.P. 49.
Subdivision (a) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Rule 49 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of ___________________; April 20,
1989,
page 2; December 3, 1987, page 11; November 29-30, 1979, page 13; Rule
FedR.Civ.P. 49,
FRCivP.
Statutes Affected:
Superseded: N.D.R.C. 1943 §§ 28-1501, 28-1502, 28-1503.