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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 49 - SPECIAL VERDICTS AND INTERROGATORIES
CR
49.01 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 answers 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
written instructions 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 his right to a trial
by jury of the issue so omitted unless before the jury retires he
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.
[Adopted eff.
7-1-53]
CR
49.02 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 written instructions 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.
[Adopted eff.
7-1-53]
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