Most Litigators, as they approach civil jury trials, invest substantial time and money in pursuit of the ideal panel of jurors. The more mundane task of developing the verdict form that will guide the jury's deliberations typically receives far less attention. Yet the design of the verdict form can be just as important as the composition of the jury in influencing the outcome of the trial and the likelihood of success on appeal.
By focusing early in the process on what type of verdict form best serves their clients' interests, trial lawyers increase their chances of shaping the outcome of the case. The specific rules governing verdict forms vary by jurisdiction, but there are three basic types of verdict forms to use in a civil jury trial.
A general verdict form requires the jury to apply the law to the facts and to find for either the plaintiff or the defendant. "A jury may return multiple general verdicts as to each claim, and each party, in a lawsuit, without undermining the general nature of its verdicts." Zhang v. American Gem Seafoods Inc., 339 F.3d 1020, 1031 (9th Cir. 2003).
At the opposite end of the spectrum is the special verdict form. Special verdict forms require the jury to make written findings on issues of fact and nothing more. See, e.g., Fed. R. Civ. P. 49(a). The court then applies the law to the jury's written findings to determine the prevailing party.