General Jury Verdict vs. Specific Jury Verdict in Texas

What Are General Jury Verdicts and Specific Jury Verdicts?

Background

The definitions for general and special verdicts are provided for under Tex. R. Civ. P. 290. The rule states:

A verdict is a written declaration by a jury of its decision, comprehending the whole or all the issues submitted to the jury, and shall be either a general or special verdict, as directed, which shall be signed by the presiding juror of the jury.

A general verdict is one whereby the jury pronounces generally in favor of one or more parties to the suit upon all or any of the issues submitted to it. A special verdict is one wherein the jury finds the facts only on issues made up and submitted to them under the direction of the court. A special verdict shall, as between the parties, be conclusive as to the facts found.

(Tex. R. Civ. P. 290.)

Further, “rule 300 states that where a special verdict is ‘rendered’ the court ‘shall’ render judgment thereon unless set aside or a new trial is granted or judgment is rendered notwithstanding the verdict or jury finding.” (Anheuser-Busch v. Smith (1976) 539 S.W.2d 234, 238.)

How to Structure the Motion

“Rule 290, defines a verdict as a written declaration by the jury of its decision either on a general charge or special issues submitted.” (Stalder v. Bowen (1964) 373 S.W.2d 824, 827.) “While Rule 290 refers to ‘the whole or all the issues submitted’, it is now well established that the trial court has not only the right, but the duty to receive a partial verdict which will sustain a judgment.” (Id.)

“In order to support the entry of a judgment based upon a partial verdict the answers made by the jury must be of such a nature that the winning party was entitled to judgment no matter what the jury may have said in response to the unanswered issues.” (Id.)

Submission of Conflicting Issues

“If a fair trial requires the submission of all issues raised by the testimony although a finding on some may negative a favorable finding on others, it necessarily follows that a finding on some of the submitted issues does not defeat a litigant's right to have other submitted issues answered, merely because such answers may be conflicting. Otherwise, the verdict would not comprehend, ‘the whole or all the issues submitted,’ as required by Rule 290, Texas Rules of Civil Procedure.” (Barker v. Bateman Fnd. Mach (1979) 578 S.W.2d 867, 869 quoting Blanton v. E. L. Transport Co. (1948) 146 Tex. 377.)

The Court’s Decision

“[P]rior decisions indicate that only in two instances have new trial orders rendered during the time a trial court has plenary power been reviewable by an appellate court: when the trial court's order was void and when the trial court erroneously concluded that the jury's answers to special issues were irreconcilably in conflict.” (In re Columbia Medical Center (2009) 290 S.W.3d 204, 209.)

“As mentioned, rule 295 provides the procedure for resolving incomplete and non-responsive jury verdicts as well as those containing conflicting answers.” (USAA Tex. Lloyds Co. v. Menchaca (2018) 545 S.W.3d 479, 519 citing Tex. R. Civ. P. 295.) “Addressing incomplete verdicts, [the court] ha[s] long held that a judgment will not be reversed ‘unless the party who would benefit from answers to the issues objects to the incomplete verdict before the jury is discharged, making it clear that he desires that the jury re-deliberate on the issues or that the trial court grant a mistrial.’” (Id. citing Fleet v. Fleet (1986) 711; see also Continental Cas. Co. v. Street (1964) 379 S.W.2d 648, 650 [holding party failed to preserve error because he “did not object to the acceptance of the jury verdict as incomplete, and thus by timely objection afford the trial court the opportunity, before the jury was discharged, of correcting the error (if such it was) of accepting the verdict with the issues unanswered.”]) “”[T]he same error-preservation requirement applies when a party complains of a judgment based on conflicting jury answers.” (USAA Tex. Lloyds Co. 545 S.W.3d at 519.)

Documents for General Jury Verdict vs. Specific Jury Verdict in Texas

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JAMES PETERSON vs. CITY OF DALLAS document preview

MOTION IN LIMINE - DEFENDANT - MOTION - IN LIMINE

7 pages

FILED 4/11/2024 2:35 PM FELICIA PITRE DISTRICT CLERK …