This form is a Special Verdict usable in cases involving misappropriation of commercial trade secrets.
South Carolina Special Verdict
State:
Multi-State
Control #:
US-TS12036
Format:
Word;
PDF;
Rich Text
Instant download
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FAQ
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.
In relevant part, Rule 50 provides: (a) Judgment as a Matter of Law. (B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
A verdict in which the jury gives its findings on factual issues in the case, without necessarily stating which party should win. The judge decides what questions the jury should answer, and the judge can draw legal implications from the jury's answers.
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.
At the end of a trial, the judge or in jury trials, the jury, must return a verdict of guilty or not guilty with respect to each charge. The verdict does not need to be the same for each charge.
On motion of the defendant or on its own motion, the court shall direct a verdict in the defendant's favor on any offense charged in the indictment after the evidence on either side is closed, if there is a failure of competent evidence tending to prove the charge in the indictment.
Thus, in effect, the judge or jury would have three choices - guilty, not proven, and not guilty.
Rule 56, SCRCP, which is made applicable to magistrate's court by Rule 81, SCRCP, allows the plaintiff or defendant, at any time after the expiration of 30 days from the commencement of the action or after service of a motion were summary judgment by the adverse party, move with or without supporting affidavits for a ...
