• 2002 - Special Verdict Form
  • C-90.56
    • Verdict Forms
  • We, the Jury duly impaneled and sworn in the above matter, make the following answers to the questions asked by the Court: 1) Was the [Defendant] at fault? Answer: Yes No If you answered Question 1 “No,” sign and return this verdict. If you answered Question 1 “Yes,” then answer Question 2. 2) Was such fault a proximate cause of the [Plaintiff's] damages? Answer: Yes No If you answered Question 2 “No,” sign and return this verdict. If you answered Question 2 “Yes,” then answer Question 3. 3) Was the [Plaintiff] at fault? Answer: Yes No If you answered Question 3 “No,” then go on to Question 5. If you answered Question 3 “Yes,” then answer Question 4. 4) Was such fault a proximate cause of the [Plaintiff's] damages? Answer: Yes No Whether you answered “Yes” or “No” to Question 4, answer Question 5. 5) Was [person other than a Party] at fault? Answer: Yes No If you answered Question 5 “No” and answered Question 4 “Yes,” then answer Question 7. If you answered Question 5 “No” and answered Question 4 “No,” then answer Question 8. If you answered Question 5 “Yes,” then answer Question 6. 6) Was such fault a proximate cause of the [Plaintiff's] damages? Answer: Yes No If you answered Question 6 “No” and answered Question 4 “No,” then answer Question 8. If you answered Question 6 “No” and answered Question 4 “Yes,” then answer Question 7. If you answered Question 6 “Yes,” then answer Question 7. 7) Taking all of the fault that proximately caused the [Plaintiff's] damages as 100%, what percentage of fault do you attribute to: Defendant % Plaintiff % 2002 NDJI-CIVIL C - 90.56 [Others _______________%] TOTAL 100 % [Please answer Questions 8 and 9.] 8) What amount of money will fairly compensate the [Plaintiff] for: a. Past economic damages $_______________ b. Future economic damages $_______________ c. Past non-economic damages $_______________ d. Future non-economic damages $_______________ 9) Should the [Plaintiff] be awarded interest on the damages? Answer: Yes No If you answered Question 9 "No,” please sign and return this verdict. If you answered Question 9 “Yes,” then answer Question 10. 10) What rate of interest should be used (subject to a maximum of 6%)? _______________% Dated this ____ day of __________, ____. _______________ Jury Leader
    • 32-03.2-04
    • 32-03.2-05
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  • Notes: This Suggested Verdict applies to claims arising after July 8, 1987. This form must be revised as required for each case. If properly requested and the court determines the instruction will not confuse or mislead the jury, the Jury must be informed of the legal consequences its special verdict answers will have on damages. Sollin v. Wangler, 2001 ND 104, 627 NW2d 159. See NDCC 32-03.2-02. Question 10 does not apply to contract cases. In contract cases, when a different rate has not been provided in writing, the rate must be calculated at six percent. As a result, there is no discretion with the Jury and an interest instruction should not be given. NDCC 47-14-05; Hirschkorn v. Severson, 319 NW2d 475 (ND 1982).