Rule 49. General verdicts, special verdicts, and interrogatories

General verdicts, special verdicts, and interrogatories.

(a) General verdicts. Except as otherwise provided in this rule, jury determination shall be by general verdict. The remaining provisions of this rule should not be applied in simple cases where the general verdict will serve the ends of justice.

(b) Special verdicts. The court 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 which 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 deems most 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 such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.

(c) General verdict accompanied by answer to interrogatories. 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 appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court 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, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.

(d) Court to provide attorneys with questions or interrogatories. In no event shall the procedures of subdivision (b) and (c) of this rule be utilized unless the court, within a reasonable time before final arguments are made to the jury, provides to the attorneys for all parties a copy of the written questions or interrogatories, as the case may be, to be submitted to the jury.

(dc) District court rule. Rule 49 does not apply in the district courts. [Amended eff. 10-1-95.]

Committee Notes

Committee Comments on 1973 Adoption The rule is very similar to Federal Rule 49. Note, however, that there is no Federal Counterpart to Rule 49(a). Rule 49(a) has been included in order to expressly set forth the authority for the continuing validity of the general verdict, and further, to discourage use of other than general verdict in routine, simple cases. For general treatment of the views of the supporters and opponents of Federal Rule 49, see 8 Wright & Miller, Federal Practice and Procedure, Civil § 2501, et seq. (1971) and 5A Moore’s Federal Practice, ¶ 49.01, et seq. (2d ed. 1971). No unanimity as to the value of Federal Rule 49 exists. Judge John R. Brown of the Fifth Circuit is quite impressed with Federal Rule 49(a) but sees Federal Rule 49(b) as “nothing but trouble.” Brown, Federal Special Verdicts, The Doubt Eliminator, 44 F.R.D. 338, 339, 340 (1967). Others prefer Federal Rule 49(b) to Rule 49(a). See, e.g., Guinn, The Jury System and Special Verdicts, 2 St. Mary’s L.J. 175, 179 (1970). Finally, when amendments to Rule 49 F.R.C.P. were tendered to the U.S. Supreme Court for approval in 1963, Justices Black and Douglas recommended that Federal “Rule 49 be repealed, not amplified.” 374 U.S. 861, 868 (1963). Note that the Rule 49(b) and Rule 49(c) provide for two separate and distinct methods of submitting a case to the jury – special verdicts and general verdicts accompanied by answers to specific questions. Construction of the Rule often ignores this distinction. Weymouth v. Colorado Interstate Gas Co., 367 F.2d 84 (5th Cir.1966). The rule leaves it completely in the discretion of the court whether to direct the jury to return a general verdict, a general verdict accompanied by answers to interrogatories, or special verdicts. The general verdict accompanied by answers to special interrogatories, provided for by subdivision (c) seems to be entirely unknown in Alabama procedure. And there has been no all-inclusive statute, comparable to Rule 49(b), auth