(a) 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 answer or may submit written forms of the several special findings which might properly be made upon 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 explanation and instruction 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.
Rule 49.Special Verdicts and Interrogatories
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 49 lets a Colorado trial court require the jury to answer written fact questions — either a special verdict instead of an ordinary verdict, or interrogatories alongside a general verdict — and it dictates how the court must respond when the answers conflict with each other or the verdict.
Full Text of Rule 49
(b) 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 explanation or instruction 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 appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court 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 or one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
A civil jury ordinarily returns a single, bottom-line verdict for one side or the other. Rule 49 gives the trial court two other tools. Under subsection (a), the court can ask for only a special verdict: written findings on each disputed fact, submitted as questions, forms, or whatever method the court thinks works, with the instructions the jury needs to answer them. If the court leaves out a fact issue raised by the pleadings or the evidence, a party who wants it decided by the jury has to say so before the jury retires — otherwise the right to a jury verdict on that issue is given up, and the court decides it instead (or is deemed to have decided it consistently with the judgment on the special verdict).
Under subsection (b), the court can instead have the jury return its usual general verdict together with written interrogatories on one or more facts that verdict depends on. When the general verdict and the interrogatory answers line up, judgment is entered on both. When the answers agree with each other but not with the general verdict, the court has three options: enter judgment on the answers instead of the verdict, send the jury back to work out the conflict, or order a new trial. When the interrogatory answers conflict with one another, the court cannot enter judgment at all — it must send the jury back for more deliberation or start over with a new trial.
Frequently Asked Questions
What is the difference between a special verdict and a general verdict with interrogatories?
A special verdict, under Rule 49(a), replaces the ordinary verdict entirely — the jury answers written questions on the facts and the court applies the law to reach judgment. A general verdict with interrogatories, under Rule 49(b), keeps the ordinary verdict but pairs it with written answers to specific factual questions.
What happens if the jury’s interrogatory answers conflict with its general verdict?
The court may enter judgment based on the answers instead of the verdict, send the jury back for further deliberation, or order a new trial — the choice is the court’s under Rule 49(b).
What if the jury’s answers to different interrogatories conflict with each other?
The court cannot enter judgment. It must return the jury for further deliberation on its answers and verdict, or order a new trial.
What if the court forgets to submit a disputed fact issue in a special verdict?
Under Rule 49(a), a party who wants that issue decided by the jury must demand its submission before the jury retires. Without that demand, the right to a jury determination on that issue is waived, and the court may make its own finding — or be deemed to have found consistently with the judgment on the special verdict.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 49). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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