This form is a Special Verdict usable in cases involving misappropriation of commercial trade secrets.
Colorado Special Verdict
State:
Multi-State
Control #:
US-TS12036
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Special Verdict?
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FAQ
General verdicts require that jurors pronounce generally upon any or all of the issues, either in favor of the plaintiff or defendant. Special verdicts, by contrast, require jurors to find only facts, leaving the judgment to the Court.
The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the Court.
Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury.
The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the Court but to draw from them conclusions of law.
A general verdict is one that decides which party should win but does not make findings on any specific factual issues. A special verdict is one in which the jury provides its findings on specific factual issues.
The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the Court but to draw from them conclusions of law. ' (Code Civ.
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.
It becomes the duty of the trial court to direct a verdict in favor of defendant and grant a dismissal of the action when a review of all the evidence establishes that there is not basis upon which a verdict in favor of plaintiff may be supported as a matter of law.
