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The Special Verdict—Theory And Practice, Samuel M. Driver

Washington Law Review

At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …