(a) 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 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 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 issues 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 accordance with the judgment on the special verdict.
§ 9-11-49.Special verdicts
Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 1993 · Last verified July 17, 2026
In one sentenceThis section lets a court require the jury to return only a special verdict — written findings on each fact issue instead of a general verdict — explains how the court handles any issue the special-verdict form leaves out, and makes special verdicts mandatory on a timely written request in equitable relief, mandamus, quo warranto, prohibition, and declaratory judgment cases.
Full Text of § 9-11-49
(b) Upon written request by any party made on or before the call of the case for trial, it shall be the duty of the court to require the jury to return only a special verdict, as provided in subsection (a) of this Code section, in any case involving equitable relief, mandamus, quo warranto, prohibition, a declaratory judgment, and in any other case or proceeding where special verdicts may be specifically required by law. The court shall prescribe the form of the questions for submission to the jury.
Plain-English Summary
Subsection (a) lets the court trade the jury’s usual general verdict for a special verdict — written findings on each issue of fact. The court has flexibility in how to structure that: written questions calling for categorical or brief answers, forms covering the several findings the pleadings and evidence might support, or any other method the court considers most appropriate. Along with the form comes an obligation: the court must give the jury whatever explanation and instruction is necessary for it to make findings on each submitted issue.
The subsection also handles a gap the court might leave. If the special-verdict form omits a fact issue that the pleadings or evidence raised, each party waives its right to a jury trial on that omitted issue — unless, before the jury retires, a party demands that it be submitted after all. Without that demand, the court itself may make a finding on the omitted issue; if the court doesn’t, the law treats it as having made a finding consistent with the judgment on the special verdict the jury did return.
Subsection (b) takes the choice out of the court’s hands in certain categories of cases. On written request made on or before the case is called for trial, the court must require a special verdict in any case involving equitable relief, mandamus, quo warranto, prohibition, a declaratory judgment, or any other proceeding where the law specifically requires one. In those cases, the court prescribes the form of the questions the jury will answer.
Frequently Asked Questions
What is a special verdict under this section?
A jury’s written finding on each issue of fact, submitted through written questions, forms of possible findings, or any other method the court considers appropriate, rather than a single general verdict.
What happens if the special-verdict form leaves out an issue the pleadings or evidence raised?
Each party waives the right to a jury trial on that issue unless, before the jury retires, a party demands that it be submitted to the jury after all.
If no one demands submission of an omitted issue, who decides it?
The court may make its own finding on that issue; if it doesn’t, the law deems it to have found consistently with the judgment entered on the special verdict.
In what kinds of cases must the court use a special verdict if a party asks for one?
Cases involving equitable relief, mandamus, quo warranto, prohibition, a declaratory judgment, and any other case or proceeding where a special verdict is specifically required by law.
By when must a party request a mandatory special verdict under subsection (b)?
In writing, on or before the case is called for trial.
Amendment History
Ga. L. 1966, p. 609, § 49; Ga. L. 1967, p. 226, § 21; Ga. L. 1972, p. 689, § 8; Ga. L. 1993, p. 91, § 9.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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