Rule 49 Special Verdict; General Verdict and Questions

(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, where the inconsistency cannot be resolved by the court on a fair reading of the answers in light of the jury instructions given in the trial, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict. If the inconsistency cannot be resolved by the jury, the judge must order a new trial unless the party who is disadvantaged by the inconsistent answers waives objection and accepts the verdict based on the answers least favorable to that party.

(5) Waiver of Objection to Inconsistency in the Verdict. Except as provided in subpart

(b) (4) of this Rule, a party waives any objection to inconsistency in the verdict if the party fails to object to the verdict or move for its resubmission to the jury prior to discharge of the jury.

(c) Poll of Jury; Correction of Verdict. As provided in 5 V.I.C. § 360, when a verdict is given and before it is filed, the jury may be polled on the request of either party, for which purpose each shall be asked whether it is his verdict. If more than one-sixth of the jurors answer in the negative, the jury shall be sent out for further deliberation. If the verdict is informal or insufficient, it may be corrected by the jury under the advice of the court, or the jury may again be sent out.

(d) Filing and Form of Verdict; Discharge of Jury. As provided in 5 V.I.C. § 361, when the verdict is given, and is such as the court may receive, and the jury is not again sent out, the clerk shall file the verdict. The verdict is then complete, and the jury shall be discharged from the case. The verdict shall be in writing, and under the direction of the court shall be substantially entered in the minutes as of the day's proceedings on which it was given.