The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact, in which case it may submit to the jury either written questions which can be categorically or briefly answered or written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring written findings thereon as it deems appropriate. The court shall instruct the jury concerning the matters submitted as is necessary to enable it to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issues so omitted unless before the jury retires submission to the jury is demanded. The court may make a finding as to an issue omitted without such demand, or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
Rule 4:39-1.Special verdicts
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:39-1 lets the court require a jury to return a special verdict -- written findings on each disputed fact, submitted as questions or forms the court devises -- and treats an issue the court omits from that submission as waived unless a party demands it before the jury retires.
Full Text of Rule 4:39-1
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:50-1; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Instead of one general verdict, a court may ask a jury to answer specific factual questions. The court can frame those questions and forms however works best, then instructs the jury on exactly what it needs to decide on each one.
If the court's instructions leave out an issue the pleadings or the evidence raised, the parties lose the right to a jury verdict on that issue — unless someone asks for it before the jury retires. Left undemanded, the court can still rule on the omitted issue itself, and if it never does, its decision is deemed consistent with the special verdict.
Frequently Asked Questions
What is a special verdict?
A verdict in the form of specific written findings on each disputed issue of fact, rather than one general verdict, submitted through questions or forms the court devises.
What happens if the court's special-verdict questions omit an issue?
The parties waive a jury finding on that issue unless someone demands it before the jury retires. The court may then decide the omitted issue itself, or its ruling is deemed consistent with the verdict already returned.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:39-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: special verdict formjury interrogatorieswritten jury findings