Book II. Ordinary Proceedings · Title V. Trial · Chapter 7. Jury Trial · Last amended 1996 · Last verified July 30, 2026
In one sentenceArticle 1812 lets the court require the jury to return a special verdict answering written questions on each disputed fact rather than one general verdict, requires percentage-of-fault interrogatories in personal injury, death, or loss cases at any party's request, and treats an unrequested, unsubmitted fact issue as waived for jury trial unless a party demands it before the jury retires.
A. 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 may use any other appropriate method of submitting the issues and requiring the written findings thereon. The court shall give to the jury such explanation and instruction concerning the matter submitted as may be necessary to enable the jury to make its findings upon each issue. If the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue 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 presumed to have made a finding in accord with the judgment on the special verdict.
B. The court shall inform the parties within a reasonable time prior to their argument to the jury of the special verdict form and instructions it intends to submit to the jury and the parties shall be given a reasonable opportunity to make objections.
C. In cases to recover damages for injury, death, or loss, the court at the request of any party shall submit to the jury special written questions inquiring as to:
(1)Whether a party from whom damages are claimed, or the person for whom such party is legally responsible, was at fault, and, if so:
(a)Whether such fault was a legal cause of the damages, and, if so:
(b)The degree of such fault, expressed in percentage.
(a)If appropriate under the facts adduced at trial, whether another party or nonparty, other than the person suffering injury, death, or loss, was at fault, and, if so:
(i)Whether such fault was a legal cause of the damages, and, if so:
(ii)The degree of such fault, expressed in percentage.
(b)For purposes of this Paragraph, nonparty means a person alleged by any party to be at fault, including but not limited to:
(i)A person who has obtained a release from liability from the person suffering injury, death, or loss.
(ii)A person who exists but whose identity is unknown.
(iii)A person who may be immune from suit because of immunity granted by statute.
(3)If appropriate, whether there was negligence attributable to any party claiming damages, and, if so:
(a)Whether such negligence was a legal cause of the damages, and, if so:
(b)The degree of such negligence, expressed in percentage.
(4)The total amount of special damages and the total amount of general damages sustained as a result of the injury, death, or loss, expressed in dollars, and, if appropriate, the total amount of exemplary damages to be awarded.
D. The court shall then enter judgment in conformity with the jury's answers to these special questions and according to applicable law.
A special verdict asks the jury to answer specific written findings on each disputed fact, rather than returning one general verdict for a side. Article 1812 lets the court require this format, and gives it several ways to do it: submitting written questions that call for a categorical or brief answer, submitting written forms covering the possible special findings the pleadings and evidence would support, or using any other appropriate method of putting the issues to the jury and getting written findings back. Whatever method it uses, the court has to give the jury enough explanation and instruction to make those findings on each issue submitted.
There is a real consequence to leaving an issue out. If the court omits a fact issue that the pleadings or the evidence raised, each party waives its right to a jury trial of that particular issue, unless a party demands its submission to the jury before the jury retires. If no one demands it, the court may make its own finding on the omitted issue, and if the court does not do that either, the law presumes the court found in a way consistent with the judgment on the special verdict. The court also has to tell the parties, within a reasonable time before their arguments to the jury, what the special verdict form and instructions will look like, giving them a real chance to object before the jury ever sees it.
Paragraph C addresses the case type where this device shows up most: suits to recover damages for injury, death, or loss. At any party's request, the court must submit written questions asking whether a party or a person that party is legally responsible for was at fault, whether that fault caused the damages, and the percentage of that fault — and, where appropriate, the same three questions about another party or a nonparty, and about the claiming party's own negligence. The article defines "nonparty" broadly enough to include someone who has already been released from liability, someone whose identity is unknown, and someone who may be immune from suit. The jury also has to find the total dollar amount of special damages, the total dollar amount of general damages, and, where appropriate, exemplary damages. Once the jury answers, the court enters judgment consistent with those answers and the applicable law.
Frequently Asked Questions
What is a special verdict?
A verdict where the jury answers specific written factual questions instead of returning one general verdict, letting the court apply the law to those findings.
Am I entitled to percentage-of-fault questions in an injury case?
Yes. In a suit for injury, death, or loss, the court must submit special written questions on fault, causation, and percentage of fault at any party's request.
What happens if the court forgets to submit an issue raised by the evidence?
The party waives a jury trial of that issue unless it demands submission before the jury retires; otherwise the court can make its own finding, or is presumed to have found consistent with the special verdict.
Do the parties see the special verdict form before closing arguments?
Yes. The court must inform the parties of the form and instructions within a reasonable time before argument and give them a chance to object.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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