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Rule 49.02.General verdict accompanied by answer to interrogatories.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 49.02 lets the trial court submit written interrogatories on one or more fact issues alongside a general verdict form, and tells the court what to do when the jury's interrogatory answers and its general verdict conflict -- entering judgment on the answers, sending the jury back to reconsider, or ordering a new trial.

Full Text of Rule 49.02

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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 written instructions 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 court shall direct the entry of the appropriate judgment upon the verdict and answers. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or 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, the court shall not direct the entry of judgment but may return the jury for further consideration of its answers and verdict or may order a new trial.

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

Rule 49.02 offers a middle ground between a general verdict and a full special verdict. The jury still returns an ordinary general verdict -- who wins, and what the relief is -- but the court also asks it to answer written interrogatories on specific fact issues that the verdict depends on. The court instructs the jury on how to do both: answer the interrogatories and reach the general verdict.

What happens next depends on whether the answers and the verdict line up. If the interrogatory answers are consistent with each other and with the general verdict, the court enters judgment on that verdict. If the answers agree with each other but conflict with the general verdict, the court has options: enter judgment based on the answers instead of the verdict, send the jury back to reconsider both, or order a new trial. If the answers conflict with each other -- and at least one also conflicts with the general verdict -- the court can't enter judgment at all; it must send the jury back for further deliberation or order a new trial.

Frequently Asked Questions

What are jury interrogatories in a Kentucky civil case?

They're written questions on specific fact issues that the court submits to the jury alongside a general verdict form, under Rule 49.02. The jury answers the interrogatories and returns a general verdict at the same time.

What happens if the jury's interrogatory answers contradict its general verdict?

It depends on the pattern. If the answers agree with each other but conflict with the verdict, the court may enter judgment on the answers instead, send the jury back to reconsider, or order a new trial. If the answers conflict with each other too, the court can't enter judgment and must send the jury back or order a new trial.

Can a Kentucky court enter judgment when jury interrogatory answers conflict with each other?

No. Rule 49.02 doesn't let the court enter judgment when the interrogatory answers are inconsistent with each other and at least one is also inconsistent with the general verdict. The court must return the jury for further deliberation or order a new trial.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 49.02). 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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