Take Time Crafting Your Verdict Form

Take time to properly craft YOUR special interrogatory verdict form. This is the verdict form that goes back with the jury to answer in rendering its verdict. The questions, instructions, and the order of the questions in the verdict form need to flow and make sense. In a recent property insurance coverage dispute, a jury rendered a verdict on a special interrogatory verdict form. The special interrogatory verdict form was, perhaps, not a model of perfection in asking the jury questions to answer. In answering the verdict form, the jury answered the 5th question “yes” that the insurer established that the damage...

06 October

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The Simple, All-or-Nothing Verdict Form

Posted by David Adelstein

in Trial Perspectives

Attention should be given to the verdict form you want the jury to fill out after listening to and seeing the evidence presented in the case. This verdict form dictates how the jury decides the facts in your case in the context of the theme of your case and the jury instructions. Needless to say, the verdict form is very, very important! There are times when a party may want a simple, all-or-nothing verdict form. A party may like this (such as the plaintiff) versus a special interrogatory form that contains numerous potentially confusing questions the jury is asked to answer. For...

27 June

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Jury Trial Considerations: Directed Verdict and the Verdict Form

Posted by David Adelstein

in Appeal, Trial Perspectives

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...