Art. 1813.General Verdict Accompanied By Answer to Interrogatories

Article 1813 sits between the plain general verdict most jury trials produce and the fully itemized special verdict in Article 1812. Here, the court submits both a general verdict form and written interrogatories on one or more fact issues whose resolution the verdict depends on, giving the jury enough explanation to answer the interrogatories and reach a general verdict at the same time. As with the special verdict article, the court must tell the parties, within a reasonable time before their arguments, what the general verdict form and interrogatories will look like, and give them a chance to object.

What happens next depends on whether the general verdict and the interrogatory answers agree. When the general verdict and the answers are harmonious, the court enters judgment consistent with both. Things get more complicated when they are not. If the answers are consistent with each other but one or more conflicts with the general verdict, the court has three options: enter judgment based on the answers rather than the verdict, send the jury back to reconsider its answers and verdict, or order a new trial. If the answers conflict with each other, and at least one of them also conflicts with the general verdict, the court has fewer choices — it cannot enter judgment at all, and must either return the jury for further consideration or order a new trial.