§ 25-1314.Entry of judgment by court; when required.
Article 13: Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1314
Source
R.S.1867, Code § 439, p. 467; R.S.1913, § 8007; C.S.1922, § 8948; C.S.1929, § 20-1314; R.S.1943, § 25-1314.
Plain-English Summary
Section 25-1314 picks up where § 25-1313 leaves off. Where the jury did not return an ordinary general verdict — because it returned a special verdict, made a special finding on particular questions of fact, or the court ordered the case reserved — the mechanical rule that judgment must conform to the verdict does not apply cleanly. Someone has to work out what judgment those specific findings support.
That job belongs to the court. The statute directs that the court shall order what judgment shall be entered. Rather than a jury verdict dictating the judgment automatically, the court examines the special findings or the reserved questions and determines the judgment those findings call for.
Frequently Asked Questions
What happens when a jury returns a special verdict instead of a general one?
Section 25-1314 requires the court to order what judgment shall be entered, since a special verdict does not translate directly into a judgment the way a general verdict does under § 25-1313.
What is a “special finding on particular questions of fact”?
It refers to the jury answering specific factual questions rather than returning one overall verdict for a party, a situation the statute treats the same way as a special verdict for purposes of determining the judgment.
Does this section apply if the court reserved the case for later argument?
Yes. Section 25-1314 groups reserved cases together with special verdicts and special findings as situations where the court, not the verdict alone, determines the judgment to be entered.
How is this different from the ordinary rule in § 25-1313?
Section 25-1313 requires judgment to conform automatically to a general verdict. Section 25-1314 applies when the verdict or procedural posture does not supply that automatic conformity, requiring the court to work out the judgment itself.
Can the parties dispute what judgment the special findings support?
The statute vests the decision in the court, which orders what judgment shall be entered based on the special verdict, special findings, or reserved questions before it.