§ 25-1122.General and special verdicts; definitions; form of special verdicts generally.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1122
Source
R.S.1867, Code § 292, p. 443; R.S.1913, § 7861; C.S.1922, § 8805; C.S.1929, § 20-1122; R.S.1943, § 25-1122.
Plain-English Summary
Section 25-1122 supplies the vocabulary that the surrounding sections on verdicts depend on. A general verdict is the kind most people picture: the jury pronounces, generally, in favor of the plaintiff or the defendant, on all or any of the issues. It announces a winner without spelling out the reasoning behind it.
A special verdict works differently. It is the vehicle by which the jury finds the facts only. The statute is specific about what that means in practice: the special verdict must present the facts as the evidence established them, not a summary of the evidence itself, and it must lay those facts out so completely that nothing remains for the court to do but draw the legal conclusions that follow from them.
That last requirement is the heart of the definition. A special verdict is not a narrative of the trial or a recap of what witnesses said — it is a finished set of factual conclusions, stated with enough precision that a judge can move directly from the facts found to a judgment, applying the law to those facts without needing to fill in factual gaps.
Frequently Asked Questions
What is the difference between a general verdict and a special verdict?
A general verdict is the jury pronouncing generally for the plaintiff or defendant on all or any of the issues. A special verdict is the jury finding the facts only, without announcing an overall winner.
Can a special verdict summarize the evidence presented at trial?
No. Section 25-1122 requires a special verdict to present the facts as established by the evidence, not the evidence used to prove them.
How detailed does a special verdict need to be?
Detailed enough that nothing remains for the court but to draw conclusions of law from the facts found — the jury’s factual findings have to be complete on their own.
Who benefits from a special verdict rather than a general one?
A special verdict gives the court and the parties a clear factual record, which matters if a party wants to challenge the legal conclusions drawn from those facts or if a general verdict later appears inconsistent with the jury’s factual findings.
Does this section say when a special verdict must be used instead of a general one?
No. This section only defines the two terms; section 25-1121 sets out when the jury or the court gets to choose a special verdict or particular factual findings.