(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 his right to a trial by jury of the issue so omitted unless before the jury retires he 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
Group VI: Trials · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 49 lets the trial court require a special verdict answering specific factual questions, or a general verdict paired with written interrogatories, and it sets out how the court must handle a case where the jury's damages verdict for recovering personal property.
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) Verdict in Action for Personal Property. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if it has and the defendant demands its return, the jury shall assess the value of the property if the verdict be in favor of the plaintiff or if they find that the defendant is entitled to a return of the property. The jury may at this time assess the damages, both actual and punitive, which the prevailing party has sustained by reason of the detention or taking and withholding of such property.
Notes
Note: These Rules 49(a) and (b) are the same as the Federal Rules. They essentially preserve present State practice as to general and special verdicts under Code §§ 15-33-20, 15-33-30 and 15-33-40, with the important innovation that under Rule 49(a) the court may require only a special verdict in any case, rather than both a general and a special verdict under the old Code procedure. This innovation has proven increasingly valuable in complex litigation after 40 years of experience with the Federal Rule. Rule 49(c) is added to preserve Code §§ 15-33-30 and 15-69-210, as to special findings required in actions for claim and delivery.
Plain-English Summary
Most jury verdicts are general: guilty or not, liable or not, and a dollar figure. Rule 49 gives the trial court two ways to get more detail out of the jury when a case calls for it. Under subsection (a), the court can require a special verdict — the jury doesn't render a single bottom-line verdict at all, but instead answers a written question on each factual issue in the case. The court can phrase those as short-answer questions, as fill-in forms covering the plausible factual findings, or through any other method the court finds workable. If the court's questions leave out an issue that the pleadings or evidence raised, a party who wants that issue decided by the jury has to say so before the jury retires — otherwise the right to a jury finding on that particular issue is waived, and the trial judge either resolves it or is treated as having ruled consistent with the jury's special verdict.
Subsection (b) covers the middle ground: a general verdict plus written interrogatories on one or more issues that matter to the outcome. When the jury's answers line up with its general verdict, judgment enters on that basis under Rule 58. When the answers agree with each other but conflict with the general verdict, the court can enter judgment consistent with the answers instead of the verdict, send the jury back to reconsider, or order a new trial. And when the jury's own answers conflict with each other as well as with the general verdict, judgment can't enter at all — the court has to send the jury back or grant a new trial.
Subsection (c) handles a narrower situation: a lawsuit to recover specific personal property. If the property was never turned over to the plaintiff, or the defendant is demanding it back, the jury has to put a value on the property whenever the verdict favors the plaintiff or finds the defendant entitled to its return. The jury may also assess actual and punitive damages for the detention or wrongful taking of that property at the same time.
Frequently Asked Questions
What's the difference between a special verdict and interrogatories under Rule 49?
A special verdict under 49(a) replaces the general verdict entirely — the jury only answers specific factual questions, and the court applies the law to those answers. Interrogatories under 49(b) supplement a general verdict; the jury still reaches a bottom-line verdict, but also answers written questions alongside it.
What happens if the trial court's special-verdict questions skip an issue in the case?
A party who wants that omitted issue decided by the jury has to demand its submission before the jury retires. Without that demand, the right to a jury finding on that issue is waived, and the trial court either makes its own finding or is deemed to have found consistent with the special verdict.
What happens when a jury's interrogatory answers contradict its own general verdict?
If the answers agree with each other but conflict with the general verdict, the court can enter judgment on the answers instead, send the jury back for further deliberation, or order a new trial. If the answers conflict with each other too, the court can't enter judgment at all — it must return the jury for more deliberation or order a new trial.
Can a trial court require only a special verdict, without any general verdict?
Yes. Rule 49(a) lets the court require a special verdict alone in any case, which differs from South Carolina's older code practice that called for both a general and special verdict together.
How does Rule 49 handle damages in a lawsuit to recover personal property?
If the property hasn't been returned to the plaintiff, or the defendant wants it back, the jury must assess the property's value when it finds for the plaintiff or for a defendant entitled to return. The jury may also assess actual and punitive damages for the property's detention or wrongful taking at the same time.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
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