Written by attorneys · grounded in primary & secondary sources — see below
A jury verdict that announces the jury's ultimate conclusion on liability and damages. The court may accompany the verdict form with written questions on discrete factual issues that the jury must also answer in writing.
Sources & Authorities
How it applies
Common Examples
6
Court Submits Hybrid Verdict Form
Gavin Grant sued Global Dynamics after a workplace injury. The court gave the jury a general verdict form asking whether the company was liable together with written questions on whether the machine was defective and whether Grant had assumed the risk. The jury returned a general verdict for Grant and answered both questions in his favor.
Consistent Verdict And Answers
Gloria Green sued Guardian Insurance for breach of a disability policy. The jury returned a general verdict for Green awarding full benefits and answered written questions confirming that the policy covered her condition and that the insurer had acted in bad faith. The court entered judgment on the verdict and answers.
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Federal Rules
Casebooks
Hornbooks
Inconsistent Answers With Verdict
Gideon Graves sued Genesis Pharmaceuticals after an adverse drug reaction. The jury returned a general verdict for Graves but answered written questions by finding that the company had provided adequate warnings. The court entered judgment according to the answers and disregarded the general verdict.
Clerk Enters Judgment On Verdict
Greta Goldstein sued Grandview Holdings for unpaid wages. The jury returned a general verdict awarding her damages. The clerk promptly entered judgment under the rule authorizing entry when the jury returns a general verdict.
Collateral Estoppel From Prior Verdict
Gordon Gray was acquitted of robbing one victim in a group robbery. In a later prosecution for robbing a second victim from the same incident, the court held that the prior general verdict precluded relitigation of the identity issue.
Ashe v. Swenson397 U.S. 436, 444 (1970)
Harmless Error Analysis
Gino Giordano was convicted after the prosecution introduced a coerced confession. The court reviewed whether the error was harmless beyond a reasonable doubt in light of the general verdict and the remaining evidence presented at trial.
Arizona v. Fulminante499 U.S. 279 (1991)
Common questions
Frequently Asked
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When may a court submit written questions along with a general verdict form?+
The court may submit written questions on one or more issues of fact that the jury must decide. The court must also give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing.
Supporting sources
What must the court do when the general verdict and the written answers are consistent?+
The court must approve an appropriate judgment on the verdict and answers for entry under Rule 58.
Supporting sources
What options does the court have when the answers are consistent with each other but inconsistent with the general verdict?+
The court may approve judgment according to the answers notwithstanding the general verdict, direct the jury to further consider its answers and verdict, or order a new trial.
Supporting sources
When may the clerk enter judgment on a general verdict without awaiting the court's direction?+
The clerk must promptly prepare, sign, and enter the judgment when the jury returns a general verdict.
Supporting sources
370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758Criminal Law
…of that condition be found present. The judge further instructed the jury that the appellant could be convicted under a general verdict if the jury agreed either that he was of the status or had committed the act denounced by the statute. All that the People must show is either that the defendant did use a narcotic in Los…