60-249. Special verdict; general verdict; written 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 on written request, 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 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 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, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new trial.
History: L. 1963, ch. 303, 60-249; L. 2010, ch. 135, § 119; L. 2011, ch. 48, § 11; July 1.
Structure Kansas Statutes
Article 2 - Rules Of Civil Procedure
60-201 Rules of civil procedure; citation; scope.
60-203 Commencement of action.
60-205 Service and filing of pleadings and other papers.
60-207 Pleadings allowed; motions; form.
60-208 General rules of pleadings.
60-209 Pleading special matters.
60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
60-213 Counterclaims and cross-claims.
60-215 Amended and supplemental pleadings.
60-216 Pretrial conferences; case management conference.
60-218 Joinder of claims; contingent claims.
60-219 Required joinder of parties; feasibility.
60-220 Permissive joinder of parties.
60-221 Misjoinder and nonjoinder of parties.
60-223b Actions relating to unincorporated associations.
60-225 Substitution of parties.
60-226 General provisions governing discovery.
60-227 Perpetuation of testimony; petition; order.
60-228 Persons before whom depositions may be taken.
60-228a Uniform interstate depositions and discovery act.
60-229 Discovery procedure; stipulations.
60-230 Depositions by oral examination; requirements; examination; copies; attendance.
60-231 Depositions by written questions.
60-232 Use of depositions in court proceedings.
60-233 Interrogatories to parties.
60-235 Physical and mental examinations.
60-236 Requests for admission.
60-238 Right of trial by jury; demand; waiver.
60-239 Trial by jury or by the court.
60-240 Scheduling cases for trial; continuances.
60-242 Multicounty and multidistrict litigation.
60-243 Testimony of witnesses; evidence.
60-245a Subpoena of nonparty business records.
60-246 Objections to rulings or orders.
60-249 Special verdict; general verdict; written questions.
60-249a Itemized verdict, personal injury actions; jury instructions.
60-250 Judgment as a matter of law; motion for new trial.
60-251 Jury instructions; objections; erroneous instructions.
60-252 Findings and conclusions by the court; judgment on partial findings.
60-252a Trial by the court; judgment, ruling or decision, time limitation.
60-252b Rules of supreme court.
60-258a Comparative negligence.
60-259 New trial; motion to alter or amend judgment.
60-260 Relief from judgment or order.
60-262 Stay of proceedings to enforce judgment.
60-264 Enforcing orders for and against a nonparty; procedure.
60-265 Applicability of article.
60-266 Same; jurisdiction and venue.
60-267 Rules by district courts.
60-270 Retaining original records until case closed.