§ 9-12-4.Construction of verdicts
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-4
Plain-English Summary
Jurors are not trained drafters, and their verdicts often come out in plain, imperfect language. This section tells courts how to read that language: give it a reasonable intendment, construe it reasonably, and resist treating imprecise wording as fatal.
The statute sets a high bar for throwing a verdict out. It may not be avoided unless from necessity — meaning a court reaches for every reasonable reading before concluding that no sensible construction can save the verdict. Only when nothing reasonable is left does avoidance become an option.
That preference for construction over avoidance runs through the rest of this article. Where a verdict needs fixing rather than voiding, later sections let a court amend it to conform to the pleadings or strip out an illegal portion — tools that exist because this section starts from the premise that a verdict deserves a fair reading before anything more drastic happens to it.
Frequently Asked Questions
What does “reasonable intendment” mean for a verdict?
Courts should read the verdict as the jury likely intended a sensible, lawful outcome, rather than picking the most literal or hypertechnical reading available.
Can a court throw out a verdict just because its wording is imprecise?
No. Imprecise wording alone doesn't doom a verdict; only necessity — no reasonable reading being possible — permits avoiding it.
Does this section give courts room to save an ambiguous verdict?
Yes. The “reasonable construction” standard directs courts toward the sensible reading rather than the strictest one.
How does this section relate to a court's power to amend a verdict?
It reflects the same policy — a preference for saving and reasonably interpreting a verdict over voiding it outright.
Who applies the reasonable-intendment standard to a verdict?
The court considering the verdict, whether at the time it's received or later when its meaning is disputed.
Amendment History
Orig. Code 1863, § 3481; Code 1868, § 3503; Code 1873, § 3561; Code 1882, § 3561; Civil Code 1895, § 5332; Civil Code 1910, § 5927; Code 1933, § 110-105.