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CR 49.01 Special verdicts

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VI Trials
CR 49. Special Verdicts and Interrogatories
Kentucky Rules of Civil Procedure (CR) Rule 49.01
CR 49.01 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 answers 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 written instructions 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.

Credits

HISTORY: Adopted eff. 7-1-53
Rules Civ. Proc., Rule 49.01, KY ST RCP Rule 49.01
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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