This form is a Special Verdict usable in cases involving misappropriation of commercial trade secrets.
Texas 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
In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
Generally, each party is entitled to six peremptory challenges in a case tried in the district court and to three in the county court. Each side is also entitled to one additional peremptory challenge if one or two alternate jurors are to be impaneled.
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 directed verdict may be granted at any time, but usually occurs after at least one party has been fully heard.
A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.
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.
When is a Directed Verdict Used? A directed verdict is only proper in situations where a reasonable jury could not find for the opposing party. The defendant can move for a directed verdict after the plaintiff rests her case. If the judge grants this motion, the case is over and the defendant wins.
What is the deadline to file the motion? A motion for a new trial has to be made within 30 days of the sentence. Any amendments to the motion have to be made within that 30-day window, as well, or have the leave of the court.
