Fed. R. Civ. P. 49

(a) SPECIAL VERDICT.

(1) In General. The court may require a jury to return only

a special verdict in the form of a special written finding on

each issue of fact. The court may do so by:

(A) submitting written questions susceptible of a categorical or other brief answer;

(B) submitting written forms of the special findings that

might properly be made under the pleadings and evidence;

or

(C) using any other method that the court considers appropriate.

(2) Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings

on each submitted issue.

(3) Issues Not Submitted. A party waives the right to a jury

trial on any issue of fact raised by the pleadings or evidence

but not submitted to the jury unless, before the jury retires,

the party demands its submission to the jury. If the party does

not demand submission, the court may make a finding on the

issue. If the court makes no finding, it is considered to have

made a finding consistent with its judgment on the special

verdict.

(b) GENERAL VERDICT WITH ANSWERS TO WRITTEN QUESTIONS.

(1) In General. The court may submit to the jury forms for

a general verdict, together with written questions on one or

more issues of fact that the jury must decide. The court must

give the instructions and explanations necessary to enable the

jury to render a general verdict and answer the questions in

writing, and must direct the jury to do both.

(2) Verdict and Answers Consistent. When the general verdict

and the answers are consistent, the court must approve, for

entry under Rule 58, an appropriate judgment on the verdict

and answers.

(3) Answers Inconsistent with the Verdict. When the answers

are consistent with each other but one or more is inconsistent

with the general verdict, the court may:

(A) approve, for entry under Rule 58, an appropriate

judgment according to the answers, notwithstanding the

general verdict;

(B) direct the jury to further consider its answers and

verdict; or

(C) order a new trial.

(4) Answers Inconsistent with Each Other and the Verdict. When

the answers are inconsistent with each other and one or more

is also inconsistent with the general verdict, judgment must

not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new

trial.

(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug.

1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)

74 Rule 50 FEDERAL RULES OF CIVIL PROCEDURE