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 the event the court may submit to the jury written questions susceptible of categorical or other brief answers 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 written instructions 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 issues 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 49.01.Special verdicts.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 49.01 lets the trial court require the jury to return only a special verdict -- written findings on each fact issue, submitted as questions, forms, or another method the court chooses -- with instructions limited to what the jury needs to make those findings, and treats an unobjected-to omitted issue as waived or decided by the court.
Full Text of Rule 49.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Most jury verdicts are general: the jury says who wins and how much. A special verdict works differently. Rule 49.01 lets the trial court ask the jury only for written findings on each disputed fact issue in the case, without asking it to reach an overall verdict. The court can put those findings in whatever form works -- written questions, blank forms for each finding, or some other method -- and instructs the jury only on what it needs to answer those specific questions, not on how to combine them into a verdict.
If the court's special-verdict questions leave out a fact issue that the pleadings or evidence raised, a party who wants that issue decided by the jury has to say so, and has to say so before the jury retires. Staying silent waives a jury decision on that issue. The court can then make its own finding on the omitted issue; if the court doesn't, the omitted issue is treated as decided in whatever way matches the judgment already entered on the jury's special verdict.
Frequently Asked Questions
What is a special verdict in a Kentucky civil case?
A special verdict is a set of written findings the jury makes on each disputed fact issue, instead of an overall verdict for one side. Rule 49.01 lets the court require this format and choose how the findings are submitted.
What happens if the special verdict form leaves out a fact issue in my case?
You waive a jury decision on that issue unless you demand, before the jury retires, that it be submitted to the jury. If nobody demands it, the court may make its own finding on the issue, or the issue is treated as decided consistent with the judgment on the special verdict.
Does the court still give jury instructions when using a special verdict?
Yes, but only what the jury needs to make the specific findings the court has asked for, not the instructions that accompany an ordinary general verdict.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 49.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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