Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.515 lets a Michigan court require the jury to answer a written special verdict, question by question, instead of returning a single general verdict, and treats a party's silence about an issue the special-verdict form left out as a waiver of the right to have a jury decide it.
(A)Use of Special Verdicts; Form. The court may require the jury to return a special verdict in the form of a written finding on each issue of fact, rather than a general verdict. If a special verdict is required, the court shall, in advance of argument and in the absence of the jury, advise the attorneys of this fact and, on the record or in writing, settle the form of the verdict. The court may submit to the jury:
(1)written questions that may be answered categorically and briefly;
(2)written forms of the several special findings that might properly be made under the pleadings and evidence; or
(3)the issues by another method, and require the written findings it deems most appropriate. The court shall give to the jury the necessary explanation and instruction concerning the matter submitted to enable the jury to make its findings on each issue.
(B)Judgment. After a special verdict is returned, the court shall enter judgment in accordance with the jury's findings.
(C)Failure to Submit Question; Waiver; Findings by Court. If the court omits from the special verdict form an issue of fact raised by the pleadings or the evidence, a party waives the right to a trial by jury of the issue omitted unless the party demands its submission to the jury before it retires for deliberations. The court may make a finding with respect to an issue omitted without a demand. If the court fails to do so, it is deemed to have made a finding in accord with the judgment on the special verdict.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Instead of asking a jury to reach one bottom-line verdict, a court can break the case down into a written special verdict: a series of specific factual questions the jury answers one at a time. The court settles the form of those questions in advance, on the record or in writing, with the attorneys and outside the jury's hearing, and can phrase them as short categorical questions, as fuller written findings tailored to the pleadings and evidence, or through whatever other method produces the clearest findings. Whatever form it takes, the court still has to give the jury the instruction needed to answer each question. Once the jury returns its answers, the court enters judgment based on what the jury found.
Leaving an issue out of the special-verdict form carries a real risk. If the court's form omits a factual issue that the pleadings or evidence raised, a party who wants that issue decided by the jury has to say so and demand it before the jury retires to deliberate, or the right to a jury determination on that specific issue is waived. The court can still make its own finding on the omitted issue even without a demand; if it doesn't, that missing finding is treated as having come out the same way as the judgment itself.
Frequently Asked Questions
What is a special verdict in a Michigan jury trial?
A written finding on each individual issue of fact the court submits, rather than one general verdict; the court settles the exact form of the questions in advance with the attorneys, outside the jury's hearing.
What happens if the special verdict form leaves out an issue that was raised in my case?
You waive the right to have a jury decide that specific issue unless you demand its submission before the jury retires to deliberate. The court can still make its own finding on the omitted issue, and if it doesn't, the finding is deemed to match the judgment.
Does the judge just enter whatever judgment seems fair after a special verdict?
No. The court must enter judgment in accordance with the jury's actual findings on the special verdict.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.515). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as:special verdict Michiganwritten jury findings Michiganspecial verdict form waiver