(a) Special Verdicts. 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 that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit 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 the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury 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 issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; 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 49.Special Verdicts and Interrogatories.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 49 lets the trial judge ask a jury for a special verdict answering specific factual questions, or a general verdict paired with written interrogatories, instead of an ordinary verdict, and sets out what to do when the answers conflict.
Full Text of Rule 49
(b) General Verdict Accompanied by Answer to Interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
(c) Verdicts on Multiple Counts. In cases tried by a jury on more than one (1) count, the court may require the jury to return a separate verdict as to each count.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 49 gives the trial judge three ways to shape how a jury delivers its verdict. Under a special verdict, the jury answers a series of written questions on the facts instead of announcing an overall winner — the judge then applies the law to those factual findings. The judge decides how to phrase the questions and must instruct the jury enough to answer them.
If a factual issue gets left out of the special-verdict questions, a party can still demand a jury finding on it before the jury retires; otherwise the judge may make that finding, or it is treated as consistent with the judgment already entered on the special verdict.
The judge can also combine a general verdict — the jury’s overall win-or-lose call — with written interrogatories on particular facts. When the general verdict and the interrogatory answers agree, judgment enters on both under Rule 58. When the answers agree with each other but conflict with the general verdict, the judge may enter judgment on the answers instead, send the jury back for further deliberation, or order a new trial. When the answers conflict with each other as well, the judge cannot enter judgment at all and must send the jury back or order a new trial.
Rule 49 also lets the judge require a separate verdict for each count when a case involving more than one count goes to a jury.
Frequently Asked Questions
What is a special verdict under Rule 49?
It is a verdict in which the jury answers the judge’s written factual questions instead of returning an overall win-or-lose verdict. The judge then applies the law to the jury’s findings to reach judgment.
What happens if a jury’s answers to interrogatories conflict with its general verdict?
If the answers agree with each other but not with the general verdict, the judge may enter judgment on the answers, send the jury back for further deliberation, or order a new trial. If the answers conflict with each other too, the judge cannot enter judgment and must send the jury back or order a new trial.
Can a jury return separate verdicts for different counts in the same case?
Yes. When a case with more than one count is tried to a jury, Rule 49 lets the judge require a separate verdict on each count.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 49). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: special verdict formjury interrogatoriesgeneral verdict with interrogatoriesinconsistent jury verdictseparate verdicts multiple countswritten jury findings