Jury Trial Considerations: Directed Verdict and the Verdict Form

Previously, I discussed a motion for directed verdict and, then, a motion to set aside a jury’s verdict. This is an important procedural vehicle to know because a party opposing a claim generally always moves for a direct verdict. In some instances, the court reserves ruling on the directed verdict to see how the jury decides the case. If the jury enters a verdict in favor of the party moving for a directed verdict (e.g., the defendant) then the court does not need to rule on the motion for directed verdict (it becomes moot). Recently, I wrote an article about a...

15 May

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Inconsistent Verdict Form – Make Sure to Timely Object

Posted by David Adelstein

in Appeal

The verdict form is a very important aspect of civil jury trials. This is the form the jury fills out during deliberation to determine liability and damages. Previously, I explained the difference between a general verdict form and a special interrogatory verdict form and the importance of timely objections to the verdict form. Be sure to consider and review (and, object, if need be) the type of verdict form submitted to the jury as well as the verdict form filled out by the jury (especially with a special interrogatory verdict form). With a special interrogatory verdict form, there is the possibility...

03 January

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Verdict Forms (General or Special) and the Two-Issue Rule

Posted by David Adelstein

in Appeal, Standard of Review

I previously discussed the importance of jury instructions and the jury instruction conference. Now, I want to discuss the importance of the verdict form. This is the form the jury fills out during its deliberation that identifies the associated liability and damages it determines. There are 2 types of verdict forms used. A general verdict form is a relatively simple form that is easy to prepare and asks the jury to determine whether it believes the defendant is liable and, if so, the damages the defendant owes the plaintiff. This is the type of form a plaintiff oftentimes wants. A special interrogatory verdict...