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. 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.
Trial by JuryThe Verdict
Section § 624
This law section explains that a jury can deliver either a general or special verdict. A general verdict decides all or some issues in favor of the plaintiff or defendant. A special verdict, however, means the jury only determines the facts and leaves it up to the court to make legal conclusions. Importantly, this special verdict should clearly present the jury's conclusions based on the evidence, so the court only has to decide the legal consequences.
jury verdict general verdict special verdict
Section § 625
This law states that a court can ask a jury to provide a written special verdict on specific issues in addition to their general verdict. If punitive damages are involved, the jury must separate them from compensatory damages in writing. These findings are recorded officially. If there's a conflict between a special finding and the general verdict, the special finding takes precedence, and the court must use it to make its decision.
In all cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. In all cases in which the issue of punitive damages is presented to the jury the court shall direct the jury to find a special verdict in writing separating punitive damages from compensatory damages. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict,
the former controls the latter, and the court must give judgment accordingly.
special verdict punitive damages compensatory damages
Section § 626
This law states that when a jury decides in favor of the plaintiff or cross-complainant in a case about getting money back, they must also determine the exact amount of money to be awarded.
When a verdict is found for the plaintiff in an action for the recovery of money, or for the cross-complainant when a cross-complaint for the recovery of money is established, the jury must also find the amount of the recovery.
verdict for plaintiff recovery of money cross-complaint
Section § 627
In a lawsuit to recover personal property, if the item hasn't been given back to the person claiming it, and if the defendant also wants it returned, the jury must decide who wins and determine the value of the property. They also evaluate any damages caused by taking or holding the item.
Section Six Hundred and Twenty-seven. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or, if being in favor of defendant, they also find that he is entitled to a return thereof, must find the value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such
property.
recovery of personal property jury verdict delivery to plaintiff
Section § 628
When a verdict is reached in a superior court case, the court must record detailed information in the official record. This includes the date of the trial, names of the jurors and witnesses, and a complete version of the verdict. If there's a special verdict, it should include the related judgment or note if the case is held for further discussion.
In superior courts upon receipt of a verdict, an entry must be made in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where a special verdict is found, either the judgment rendered thereon, or if the case be reserved for argument or further consideration, the order thus reserving it.
verdict recording superior court trial minutes
Section § 629
This law section explains that if a party feels that a verdict is incorrect, they can ask the court to enter a different judgment, even if a jury has already decided. The request must be made within the same time limits as asking for a new trial. The court can't decide on this request until the time for asking for a new trial is over, and if they do both, it must be done together. If the court denies the request, an appeal court can still change the verdict if it believes the original motion should have been approved. If a new trial is granted along with the original request being denied, the decision on that request can still be looked at in an appeal. If both are granted and the decision is appealed and reversed, the new trial could take effect.
(a)CA Civil Procedure Code § 629(a) The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been
made.
(b)CA Civil Procedure Code § 629(b) A motion for judgment notwithstanding the verdict shall be made within the period specified by Section 659 for the filing and service of a notice of intention to move for a new trial. The moving, opposing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a, and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660. The making of a motion for judgment notwithstanding the verdict shall not extend the time within which a party may file and serve notice of intention to move for a new trial. The court shall not rule upon the motion for judgment notwithstanding the verdict until the expiration of the time within which a motion for a new trial must be served and filed, and if a motion for a new trial has been filed with the court by the aggrieved party, the court shall rule upon both motions at the same time. The
power of the court to rule on a motion for judgment notwithstanding the verdict shall not extend beyond the last date upon which it has the power to rule on a motion for a new trial. If a motion for judgment notwithstanding the verdict is not determined before that date, the effect shall be a denial of that motion without further order of the court.
(c)CA Civil Procedure Code § 629(c) If the motion for judgment notwithstanding the verdict is denied and if a new trial is denied, the appellate court shall, if it appears that the motion for judgment notwithstanding the verdict should have been granted, order judgment to be so entered on appeal from the judgment or from the order denying the motion for judgment notwithstanding the verdict.
(d)CA Civil Procedure Code § 629(d) If a new trial is granted to the party moving for judgment notwithstanding the verdict, and the motion for judgment notwithstanding the verdict is denied, the order denying
the motion for judgment notwithstanding the verdict shall nevertheless be reviewable on appeal from that order by the aggrieved party. If the court grants the motion for judgment notwithstanding the verdict or of its own motion directs the entry of judgment notwithstanding the verdict and likewise grants the motion for a new trial, the order granting the new trial shall be effective only if, on appeal, the judgment notwithstanding the verdict is reversed, and the order granting a new trial is not appealed from or, if appealed from, is affirmed.
motion for new trial judgment notwithstanding the verdict directed verdict
Section § 630
This law outlines the process and rules around filing a 'motion for directed verdict' in jury trials. After all evidence is presented, any party can ask the court to decide the case or certain issues in their favor without the jury's input. If some issues warrant such a decision, those will be resolved, and the rest will continue with the jury. A granted motion doesn't mean immediate final judgment but affects the final judgment later. If a directed verdict is granted in injury cases due to no fault of a defendant, other defendants can't blame them during the trial. The court's decision on such motions doesn't need jury approval. If the jury is discharged without a verdict, a motion for judgment can still be made under certain time limits.
(a)CA Civil Procedure Code § 630(a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of their evidence in a trial by jury, any party may, without waiving his or her right to trial by jury in the event the motion is not granted, move for an order directing entry of a verdict in its favor.
(b)CA Civil Procedure Code § 630(b) If it appears that the evidence presented supports the granting of the motion as to some, but not all, of the issues involved in the action, the court shall grant the motion as to those issues and the action shall
proceed on any remaining issues. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment, in addition to any matter determined in the trial, shall reflect the verdict ordered by the court as determined by the motion for directed verdict.
(c)CA Civil Procedure Code § 630(c) If the motion is granted, unless the court in its order directing entry of the verdict specifies otherwise, it shall operate as an adjudication upon the merits.
(d)CA Civil Procedure Code § 630(d) In actions which arise out of an injury to a person or property, when a motion for directed verdict was granted on the basis that a defendant was without fault, no other defendant during trial, over plaintiff’s objection, shall attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
(e)CA Civil Procedure Code § 630(e) The order of the court granting the motion for directed verdict is effective without any assent of the jury.
(f)CA Civil Procedure Code § 630(f) When the jury for any reason has been discharged without having rendered a verdict, the court on its own motion or upon motion of a party, notice of which was given within 10 days after discharge of the jury, may order judgment to be entered in favor of a party whenever a motion for directed verdict for that party should have been granted had a previous motion been made. Except as otherwise provided in Section 12a, the power of the court to act under the provisions of this section shall expire 30 days after the day upon which the jury was discharged, and if judgment has not been ordered within that time the effect shall be the denial of any motion for judgment without further order of the court.
motion for directed verdict jury trials evidence presentation
