§ 25-1119.Assessment of amount of recovery.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1119
Source
R.S.1867, Code § 295, p. 443; R.S.1913, § 7858; C.S.1922, § 8802; C.S.1929, § 20-1119; R.S.1943, § 25-1119.
Plain-English Summary
A verdict that names a winner is not enough when money is at stake. Section 25-1119 requires the jury, once it finds that a party is entitled to recover money from the opposing party, to assess the amount of that recovery as part of the verdict. A bare finding for the plaintiff, with no dollar figure attached, leaves the judgment incomplete.
This requirement keeps the jury’s fact-finding role intact through the last step of the case. Rather than leaving damages to be calculated later by the court from the evidence, the jury that heard the testimony and evaluated the claim fixes the number itself, as part of the verdict the foreman signs and the clerk reads back in open court.
The requirement applies whenever recovery of money is the outcome, whether the jury renders a general verdict under section 25-1122 or is asked to make specific findings under section 25-1121. Either way, a verdict awarding money without a stated amount does not satisfy the statute.
Frequently Asked Questions
Does the jury have to state a dollar amount in its verdict?
Yes, whenever the verdict entitles a party to recover money from the other side. Section 25-1119 requires the jury to assess the amount of recovery as part of the verdict.
What if the jury finds for the plaintiff but forgets to include an amount?
A verdict for the plaintiff without a stated recovery amount does not meet the requirement of this section, since the statute calls for the jury to assess the amount itself.
Does this apply to both plaintiffs and defendants who might recover money?
Yes. The statute applies whenever either party is entitled to recover money of the adverse party, so it covers a defendant’s recovery on a counterclaim as much as a plaintiff’s recovery on the original claim.
Can the judge fill in the dollar amount instead of the jury?
The statute assigns that task to the jury as part of its verdict, not to the court after the fact.
Does this section apply to cases seeking only a non-money remedy, like an injunction?
No. It applies specifically where a party is entitled to recover money of the adverse party; cases seeking other relief are not governed by this assessment requirement.