Appellate Practice
Feb. 20, 2013
Confusion over defective special verdicts
There is significant confusion among intermediate appellate courts regarding the proper appellate remedy for a defective special verdict. By Robert Cooper
An issue that frequently comes up on appeal, whether prosecuted by the plaintiff or by the defendant, is whether the special verdict form presented to the jury is defective. A verdict form can be defective for various reasons (e.g., ambiguity, incompleteness, incomprehensibility or inconsistency). There is significant confusion among intermediate appellate courts regarding the proper appellate remedy for a defective special verdict.
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