(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 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 the right to a trial by jury of the issue so omitted unless before the jury retires the party 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.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 49 lets the court ask a jury to return a special verdict on specific factual questions, or a general verdict paired with answers to written interrogatories, instead of a single unadorned 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 and 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
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Instead of a general verdict, the court may require the jury to return only a special verdict, a written finding on each issue of fact, using whatever format the court finds most workable: written questions with short answers, forms for each possible special finding, or another method entirely, with instructions enough to let the jury make its findings. If the court's submission leaves out an issue neither side demanded be submitted, that omission waives the right to a jury finding on it unless a party demands it before the jury retires; the court may then find that fact itself, or, if it doesn't, be deemed to have found it consistent with the judgment on the special verdict.
Alternatively, the court can submit written interrogatories on specific factual issues alongside a general verdict form. When the general verdict and the interrogatory answers agree, judgment is entered under Rule 58 as usual. When the answers agree with each other but conflict with the general verdict, the court may enter judgment consistent with the answers instead of the verdict, send the jury back for further deliberation, or order a new trial. When the answers conflict with each other, and at least one also conflicts with the general verdict, judgment can't be entered at all; the court must return the jury for further deliberation or order a new trial.
Frequently Asked Questions
What's a special verdict?
A written finding on each specific issue of fact, submitted to the jury in place of a single general verdict, using whatever format the court finds most workable.
What happens if the jury's answers to interrogatories conflict with its general verdict?
If the answers agree with each other but conflict with the verdict, the court may enter judgment on the answers, resubmit the case to the jury, or order a new trial; if the answers also conflict with each other, judgment can't be entered and the court must resubmit the case or order a new trial.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 49). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: special verdictjury interrogatoriesgeneral verdict