Rule 1-049 NMRA
Rule 1-049. Special verdicts and interrogatories.
Length: 409 wordsOfficial source
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, appropriate
judgment upon the verdict and answers shall be entered. When the answers are
consistent with each other but one or more is inconsistent with the general verdict,
judgment may be entered 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.