California, United States of America
The following excerpt is from Anderson v. AG Seal Beach, B228683 (Cal. App. 2011):
Then, if the trial judge has any doubts on the subject, he may send the jury out, under proper instructions, to correct the informal or insufficient verdict." [Citations.]' [Citation.] A party who fails to object to a special verdict form ordinarily waives any objection to the form. [Citations.] However, waiver is not automatic, and there are many exceptions. [Citation.] For example, '[w]aiver is not found where the record indicates that the failure to object was not the result of a desire to reap a "technical advantage" or engage in a "litigious strategy." [Citations.]' [Citation.] Nor is an objection required when the verdict is fatally inconsistent. [Citations.]"9 (Behr v. Redmond (2011) 193 Cal.App.4th 517, 529-530 (Behr).)
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