What Is a Special Verdict, and When is it Used?

A special verdict is a legal procedure used in courtrooms when jurors have to make a complex decision beyond a simple guilty or not guilty. In this case, the jurors render a verdict in an answer to a series of questions posed by the court. To issue a special verdict, the jurors must agree on the answers to those questions, and the verdict must be unanimous.

A special verdict is used in those cases where the verdict could not otherwise be determined without further assistance from the judge. It’s especially useful when both parties give extremely different accounts of the same incident, leaving the jury with no other recourse but to apply the law to the facts of the case.

Without a special verdict, it would be impossible to determine which party’s narrative is correct.Even when both sides come to an agreement before the trial, the jury may still render a special verdict to ensure due process is followed.

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What Does a Special Verdict Include?

In its simplest form, a special verdict sentence includes three components: First, the jury must answer the questions posed by the court. If any of the questions are contested, the jury then must assess any conflicting evidence and agree on a solution. And finally, the jury must allow the judge to make a determination as to the legal outcome and sign off on any agreement.

Another example a special verdict could be used in the same way in breach of contract cases. In this type of scenario, the jury would need to answer questions related to whether a contract exists, the terms of the contract, and the breach of contract if any. After hearing both sides of the case, the jury is able to determine what, if any, damages could be awarded.

Related Legal Concepts

Understanding special verdict often goes hand in hand with other jury decision-making procedures like directed verdict, where a judge determines the outcome based on insufficient evidence, and sealed verdict, where jury decisions are kept confidential until a specified time. Special verdict differs from a standard verdict in that it requires jurors to answer specific factual questions rather than render a general decision. In complex cases, courts may also utilize a special master to help manage proceedings, and parties should understand that any final ruling could potentially face a judgment notwithstanding the verdict (JNOV) if legal standards aren’t met.

The Bottom Line

Special verdicts serve as an essential tool in complex litigation where factual disputes require detailed jury findings before a judge can apply the law. This procedure ensures that intricate cases receive thorough consideration of specific factual elements while maintaining the jury’s role as fact-finder and the judge’s role as legal interpreter. For guidance specific to your situation, always consult a qualified, licensed attorney.