SCRCP 49

(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.

(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.

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.