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Ch 1, p.54 CIVIL PROCEDURE December 2010<br />

Rule 1.930 Food and lodging. The court may order that food and lodging be provided at state<br />

expense for a jury being kept together to try or deliberate on a cause.<br />

[Report 1943; 1983 <strong>Iowa</strong> Acts, ch 186, §10142; November 9, 2001, effective February 15, 2002]<br />

Rule 1.931 Rendering verdict and answering interrogatories.<br />

1.931(1) Number. Before a general verdict, special verdicts, or answers to interrogatories<br />

are returned, the parties may stipulate that the finding may be rendered by a stated majority <strong>of</strong><br />

the jurors. In the absence <strong>of</strong> such stipulation, a general verdict, special verdicts, or answers to<br />

interrogatories must be rendered unanimously. However, a general verdict, special verdict, or<br />

answers to interrogatories may be rendered by all jurors excepting one <strong>of</strong> the jurors if the jurors have<br />

deliberated for a period <strong>of</strong> not less than six hours after the issues to be decided have been submitted<br />

to them.<br />

1.931(2) Return; poll. The jury agreeing on a general verdict, special verdicts, or answers to<br />

interrogatories shall bring the finding into court where it shall be read to the jury and inquiry made if<br />

it is the jury’s finding. A party may then require a poll, whereupon the court or clerk shall ask each<br />

juror if it is the juror’s finding. If the required number <strong>of</strong> jurors does not express agreement, the jury<br />

shall be sent out for further deliberation; otherwise, the finding is complete and, unless otherwise<br />

provided by law, the jury shall be discharged.<br />

1.931(3) Sealed. When, by consent <strong>of</strong> the parties and the court, the jury has been permitted to seal<br />

its finding and separates before it is rendered, such sealing is equivalent to a rendition and a recording<br />

there<strong>of</strong> in open court, and such jury shall not be polled or permitted to disagree with respect thereto.<br />

[Report 1943; amendment 1973; amended by 65GA, ch 315, §4; amendment 1980; amended February 21,<br />

1985, effective July 1, 1985; October 31, 1997, effective January 24, 1998; November 9, 2001, effective<br />

February 15, 2002]<br />

Rule 1.932 Form and entry <strong>of</strong> verdicts. General verdicts, special verdicts, and answers to<br />

interrogatories shall be in writing. When unanimous they shall be signed by the foreman or<br />

forewoman chosen by the jury, and when they are not unanimous, they shall be signed by all jurors<br />

concurring therein. They shall be sufficient in form if they express the intent <strong>of</strong> the jury. They shall<br />

be filed with the clerk and be entered <strong>of</strong> record after being put in form by the court if need be.<br />

[Report 1943; amendment 1973; November 9, 2001, effective February 15, 2002]<br />

Rule 1.933 Special verdicts. The court may require that the verdict consist wholly <strong>of</strong> special written<br />

findings on each issue <strong>of</strong> fact. It shall then submit in writing questions susceptible <strong>of</strong> categorical or<br />

brief answers, or forms <strong>of</strong> several special findings that the jury might properly make under the issues<br />

and evidence, or submit the issues and require the findings in any other appropriate manner. It shall<br />

so instruct the jury as to enable it to find upon each issue submitted. If the submission omits any<br />

issue <strong>of</strong> fact, any party not demanding submission <strong>of</strong> such issue before the jury retires waives jury<br />

trial there<strong>of</strong>, and the court may find upon it; failing which, it shall be deemed found in accord with<br />

the judgment on the special verdict. The court shall direct such judgment on the special verdict and<br />

answers as is appropriate thereto. Special interrogatories under <strong>Iowa</strong> Code chapter668 shall be treated<br />

as special verdicts for purposes <strong>of</strong> the rules in this chapter.<br />

[Report 1943; amended February 21, 1985, effective July 1, 1985; November 9, 2001, effective February 15,<br />

2002]<br />

Rule 1.934 Interrogatories. The jury in any case in which it renders a general verdict may be<br />

required by the court, and must be so required on the request <strong>of</strong> any party to the action, to find<br />

specially upon any particular questions <strong>of</strong> fact, to be stated to it in writing, which questions <strong>of</strong> fact<br />

shall be submitted to the attorneys <strong>of</strong> the adverse party before argument to the jury is commenced. The<br />

instructions shall be such as will enable the jury to answer the interrogatories and return the verdict. If<br />

both are harmonious, the court shall order the appropriate judgment. If the answers are consistent with<br />

each other, but any is inconsistent with the general verdict, the court may order judgment appropriate<br />

to the answers notwithstanding the verdict, or a new trial, or send the jury back for further deliberation.<br />

If the answers are inconsistent with each other, and any is inconsistent with the verdict, the court shall<br />

not order judgment, but either send the jury back or order a new trial.<br />

[Report 1943; November 9, 2001, effective February 15, 2002]

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