§ 9-12-6.Amendment of verdict — To conform to pleadings
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-6
Plain-English Summary
When a verdict drifts from the issues the pleadings raised, this section gives the court a way to pull it back in line rather than starting over. A verdict may be amended to make it conform to the pleadings, but only when the error plainly appears on the face of the record.
That face-of-the-record limit keeps the power narrow. A court applying this section is not guessing at what the jury must have meant or gathering outside evidence about the jury's deliberations — it is fixing a mismatch that the record itself already shows between what the pleadings framed and what the verdict says.
The section gives teeth to the requirement, set out earlier in this article, that a verdict cover the issues the pleadings made. Where that alignment breaks down in a way the record plainly reveals, this is the mechanism for correcting it, and the correction is discretionary — the court may amend, it is not commanded to.
Frequently Asked Questions
When can a court amend a verdict under this section?
When the verdict doesn't conform to the pleadings, and that mismatch plainly appears on the face of the record.
Is amending the verdict under this section mandatory?
No. The statute says the verdict “may” be amended, leaving the decision to the court once the condition is met.
What kind of error qualifies for this amendment?
One visible directly from the record itself, not one that requires outside proof or speculation about what the jury meant.
Why does the record requirement matter?
It confines the amendment power to correcting apparent, provable mismatches rather than guesses about jury intent.
How does this section connect to § 9-12-1?
Section 9-12-1 requires the verdict to cover the pleaded issues; this section supplies the mechanism for fixing a verdict that fails to do so.
Amendment History
Orig. Code 1863, § 3421; Code 1868, § 3441; Code 1873, § 3491; Code 1882, § 3491; Civil Code 1895, § 5110; Civil Code 1910, § 5694; Code 1933, § 110-110.