(a) General and special verdicts. – The judge may require a jury to return either a general or a special verdict and in all cases may instruct the jury, if it renders a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. A general verdict is that by which the jury pronounces generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is that by which the jury finds the facts only.
Rule 49.Verdicts.
Last verified July 3, 2026
In one sentenceRule 49 lets a judge choose between a general verdict, a special verdict, or a general verdict paired with special written findings, and sorts out what happens when an issue is skipped or a special finding conflicts with the general verdict.
Full Text of Rule 49
(b) Framing of issues. – Issues shall be framed in concise and direct terms, and prolixity and confusion must be avoided by not having too many issues. The issues, material to be tried, must be made up by the attorneys appearing in the action, or by the judge presiding, and reducing to writing, before or during the trial.
(c) Waiver of jury trial on issue. – If, in submitting the issues to the jury, the judge 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 so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the judge may make a finding; or, if he fails to do so, he shall be deemed to have made a finding in accord with the judgment entered.
(d) Special finding inconsistent with general verdict. – Where a special finding of facts is inconsistent with the general verdict, the former controls, and the judge shall give judgment accordingly.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 49(a) lets a judge require either a general verdict (the jury pronounces generally for the plaintiff or defendant on all or some issues) or a special verdict (the jury finds only the facts); in either case, when the jury renders a general verdict, the judge may also instruct it to answer particular written fact questions and direct a written finding on them.
Rule 49(b) requires the issues submitted to the jury to be framed concisely, avoiding too many issues or confusion, and made up in writing by the attorneys or the presiding judge before or during trial. Rule 49(c) treats a party as waiving jury trial on any issue the judge omits from submission unless that party demands its submission before the jury retires; on an omitted issue without such a demand, the judge may make a finding, or is deemed to have found consistently with the judgment entered. Rule 49(d) has a special finding of fact control over an inconsistent general verdict, with judgment entered accordingly.
Frequently Asked Questions
What is the difference between a general verdict and a special verdict?
A general verdict is the jury's overall pronouncement for the plaintiff or defendant; a special verdict is limited to the jury's findings of fact only.
What happens if the judge leaves a triable issue out of the jury submission?
Rule 49(c) treats the parties as waiving jury trial on that issue unless one of them demands its submission before the jury retires -- otherwise the judge may find it, or is deemed to have found it consistently with the judgment.
What happens if a special finding of fact contradicts the jury's general verdict?
The special finding controls, and the judge enters judgment based on it.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 49). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: general verdictspecial verdictframing issues for the jurywaiver of jury trial on an issueinconsistent special findingjury verdict forms