NOTES TO RULE 49

HISTORY: (Amended July 1, 1963; Aug. 1, 1987)

Notes of Advisory Committee on Rules.

The Federal courts are not bound to follow state statutes authorizing or requiring the court to ask a jury to find a special verdict or to answer interrogatories. Victor American Fuel Co.  v Peccarich, 209 Fed 568 (CCA 8th, 1913) cert den 232 US 727, 34 S Ct 603, 58 L Ed 817 (1914); Spokane and I. E. R. Co. v Campbell, 217 Fed 518 (CCA 9th, 1914), affd 241 US 497, 36 S Ct 683, 60 L Ed 1125 (1916); Simkins, Federal Practice (1934) § 186. The power of a territory to adopt by statute the practice under Subdivision (b) has been sustained. Walker v New Mexico and Southern Pacific R.R. 165 US 593, 17 S Ct 421, 41 L Ed 837 (1897); Southwestern Brewery and Ice Co. v Schmidt, 226 US 162, 33 S Ct 68, 57 L Ed 170 (1912).

Compare Wis Stat (1935) §§ 270.27, 270.28 and 270.30 Green, A New Development in Jury Trial (1927), 13 ABAJ 715; Morgan, A Brief History of Special Verdicts and Special Interrogatories, 1923, 32 Yale L J 575.

The provisions of USC, Title 28, formerly § 400(3) (now §§ 2201, 2202) (Declaratory judgments authorized; procedure) permitting the submission of issues of fact to a jury are covered by this rule.

Notes of Advisory Committee on 1946 Amendments to Rules.

This amendment conforms to the amendment of Rule 58. See the Advisory Committee's Note to Rule 58, as amended.

Notes of Advisory Committee on 1963 Amendments to Rules.

This amendment conforms to the amendment of Rule 58. See the Advisory Committee's Note to Rule 58, as amended.

Notes of Advisory Committee on 1987 Amendments to Rules.

The amendments are technical. No substantive change is intended.