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Supreme Court Rules

Section/Rule:78.07
Subject: Rule 78 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - New Trials - After-Trial Motions - Preservation of Error Publication / Adopted Date:April 10, 1974
Topic:After-Trial Motion - Allegations of Error RequiredRevised / Effective Date:January 1, 2012


78.07 After-Trial Motion - Allegations of Error Required

a) In jury tried cases, except as otherwise provided in this Rule 78.07, allegations of error must be included in a motion for a new trial in order to be preserved for appellate review.

The following matters need not be included in such motion to preserve the allegations of error:

Where definite objections or requests were made during the trial in accordance with Rule 78.09, including specific objections to instructions, a general statement in the motion of any allegations of error based thereon is sufficient.

Allegations of error based on matters occurring or becoming known after final submission to the court or jury shall be stated specifically.

(b) Except as otherwise provided in Rule 78.07(c), in cases tried without a jury or with an advisory jury, neither a motion for a new trial nor a motion to amend the judgment or opinion is necessary to preserve any matter for appellate review.

(c) In all cases, allegations of error relating to the form or language of the judgment, including the failure to make statutorily required findings, must be raised in a motion to amend the judgment in order to be preserved for appellate review.

(d) The trial court may amend or modify any judgment in accordance with Rule 75.01 or upon motion by any party. Unless an amended judgment shall otherwise specify, an amended judgment shall be deemed a new judgment for all purposes.

(Adopted April 10, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; May 27, 1999, eff. Jan. 1, 2000; June 25, 2001, eff. Jan. 1, 2002; June 17, 2004, eff. Jan. 1, 2005. Amended June 28, 2011, effective January 1, 2012.)

COMMITTEE NOTE - 1974 [REPEALED]

(Repealed June 1, 1993, eff. Jan. 1, 1994.)