When the special finding of facts is inconsistent with the general verdict, the former controls the latter and the court may give judgment accordingly.
§ 589.When Special Finding Inconsistent With General Verdict
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 589 lets a jury's special finding of fact override an inconsistent general verdict, so the court may enter judgment based on the special finding instead.
Full Text of § 589
Amendment History
R.L. 1910, § 5014.
Plain-English Summary
When the jury's special finding of facts doesn't line up with its general verdict, the special finding wins. The court may give judgment accordingly -- based on what the specific factual finding shows, rather than the general verdict that conflicts with it.
Frequently Asked Questions
What happens if a jury's specific factual answers contradict its general verdict in Oklahoma?
The special finding controls over the general verdict.
Which one wins, the general verdict or the special finding?
The special finding of facts controls the general verdict when the two are inconsistent.
Does the court have to enter judgment based on the special finding when there's a conflict?
The statute says the court may give judgment accordingly, tying the judgment to the special finding rather than the conflicting general verdict.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: special finding controls general verdict oklahomainconsistent jury verdict oklahoma12 O.S. § 589