The Verdict in a Trial by Jury

California’s Code of Civil Procedure, in Part 2, Title 8, Chapter 4, Article 3, provides for the verdict in civil actions where there was a trial by jury.

Section 624 specifies that 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, while a special verdict is that by which the jury find the facts only, leaving the judgment to the Court.

Section 625 states that, 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.

In addition, in all cases in which the issue of punitive damages is presented to the jury, the court must 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. 

Section 626 says that, 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.

Section 628 provides that, 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.

Section 629 provides that the court must, before the expiration of its power to rule on a motion for a new trial, either of its own motion or on motion of a party against whom a verdict has been rendered, 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.

A motion for judgment notwithstanding the verdict must be made within the period specified 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 must be filed and served within the periods specified and the hearing on the motion must be set in the same manner as the hearing on a motion for new trial.

 If the motion for judgment notwithstanding the verdict is denied and if a new trial is denied, the appellate court must, if it appears that the motion for judgment notwithstanding the verdict should have been granted, order judgment to be entered on appeal from the judgment or from the order denying the motion for judgment notwithstanding the verdict.

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 is nevertheless reviewable on appeal from that order by the aggrieved party.

Section 630 states that, 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.

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 is to grant the motion as to those issues and the action proceeds on any remaining issues. If the motion is granted, unless the court in its order directing entry of the verdict specifies otherwise, it operates as an adjudication upon the merits.

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, can attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.

The order of the court granting the motion for directed verdict is effective without any assent of the jury. 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, 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.