Rule 277 - Submission to the Jury

1 Analyses of this rule by attorneys

  1. Avoiding Pitfalls of Special Interrogatories

    Maron MarvelMay 9, 2024

    ind upon particular questions of fact, to be stated in writing by the party or parties requesting the same.”Pennsylvania – Pa.R.C.P. No. 2257 – “Upon the court’s own motion or the request of any party, the jury, or the court, if the action is tried without a jury, shall return, in addition to a general verdict or finding, such specific findings as will determine the issues among all parties. Questions submitted to the jury for special findings shall be prepared or approved by the court and shall be in writing.”South Dakota – S.D. Codified Laws § 15-6-49(b) – “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.”Tennessee – Tenn. R. Civ. P. 49.02 – “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.”Texas – Tex. R. Civ. P. 277 – “In all jury cases the court shall, whenever feasible, submit the cause upon broad-form questions.”Virginia – Va. Code Ann. § 8.01-377 –:”[T]he court may direct the jury to find the facts, and, after such finding, if it considers the variance such as could not have prejudiced the opposite party, shall give judgment according to the right of the case.” Interrogatories, or special interrogatories, are specific questions requiring findings of fact instead of, or ancillary to, a general verdict. These also are rarely, if ever, used in Virginia trials.” Va. Prac. Trial Handbook § 39:5.Wisconsin – Stat. Ann. § 805.12 – “Unless it orders otherwise, the court shall direct the jury to return a special verdict. The verdict shall be prepared by the court in the form of written questions relating only to material issues of ultimate fact and admitting a direct answer. The jury shall answer in writing. In cases founded upon negligence, the court need not submit separately any particular respect i