The Special Interrogatory: An Instrument of Unfairness in the Jury System

By Mark McNabola

Excerpt

This article advocates the abolition of the special interrogatory in Illinois jury practice. The reasons for eliminating special interrogatories are threefold. First, the underlying premise, that the jury needs to be tested, is faulty. Second, special interrogatories generate confusion and waste precious legal and judicial resources. Finally, their use is unjust because they inherently favor the defendant, and place an additional, unnecessary burden on the plaintiff.

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