22. Jury/Judicial Verdicts (Rule 48)

Question 1

What is required for a jury verdict (Rule 48)?

Answer 1

Unanimous vote

No. juror votes as parties agreed
- More/Less than 6 jurors

Question 2

How many juror be excused?

Answer 2

1) Good cause
2) Prevent juror misconduct
3) At least 6 jurors still required

Question 3

What are the types of verdicts jurors can make?

Answer 3

General verdict
- Jury finds for Plaintiff or Defendant

Special verdict

• Jury finds findings of fact
• Judge finds legal conclusions

General verdict w/ questions
- General verdict + Special verdict combined

Question 4

How may juror verdicts be denied?

Answer 4

Erroneous verdict

• Juror did not follow Judge’s instructions
• Inconsistent determinations on face of verdict + NOT reconcilable

Juror misconduct

• Juror made false testimony during voir dire
• Juror concealed material info re qualifications
• Not harmless

Question 5

What are judge’s options after denying juror verdicts?

Answer 5

Erroneous verdict

• New trial (set aside verdict)
• Redeliberation (continue/set aside verdict)

Juror misconduct
- New trial (set aside verdict)

Question 6

What is required for judge to make findings (bench trial without jury) (Rule 52)?

Answer 6

1) Separate findings of fact
2) Separate legal conclusions

Orally/Written memorandum or report