Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 70.02(e), entitled "Instructions to Juries;" subdivision 70.02(f), entitled "Argument;" and subdivision 70.03, entitled "Objections to Instructions," of Rule 70, entitled "Instructions," and in lieu thereof adoption of a new subdivision 70.02(e), entitled "Instructions to Juries;" a new subdivision 70.02(f), entitled "Argument;" and a new subdivision 70.03, entitled "Objections to Instructions."

1. It is ordered that effective January 1, 2018, subdivision 70.02(e), 70.02(f), and 70.03, of Rule 70 be and the same are hereby repealed and a new subdivision 70.02(e), a new subdivision 70.02(f), and a new subdivision 70.03 adopted in lieu thereof to read as follows:

70.02 INSTRUCTIONS TO JURIES

(e) Instructions Conference and Record. The court shall hold an instructions conference on the record with counsel to determine the instructions to be given.

The court shall inform counsel as to the instructions that are to be given prior to the time they are delivered to the jury. All instructions refused and all instructions given, including a record of who tendered them, shall be kept as a part of a record in the case. Counsel shall make specific objections on the record, out of the hearing of the jury, during the instructions conference. Prior to the instructions conference on the record, the court may conduct informal discussions with counsel regarding jury instructions. The court may correct clerical errors in instructions at any time prior to verdict.

(f) Instructions - How and When Given. After a jury has been sworn to try a case but before opening statements, the court shall read to the jury Missouri Approved Instructions 2.01, which shall be marked and given to the jury along with the other instructions at the close of the case but shall not be reread by the court. The court may give such other preliminary instructions during the trial as will assist the jury in understanding its role or the issues in the case. Agreement is not required for cautionary or withdrawal instructions during the trial. Final instructions in the case, submitting the law applicable to the case, shall be given prior to final arguments. Instructions that are to be given shall be consecutively numbered and all shall be given as instructions of the court. Except where otherwise provided in Missouri Approved Instructions, they shall be given in such order as the court shall deem advisable. The final instructions on the law governing the case shall be read to the jury by the court and provided to the jury in writing.

70.03. OBJECTIONS TO INSTRUCTIONS

Counsel shall make specific objections to instructions considered erroneous. No party may assign as error the giving or failure to give instructions unless that party objects thereto on the record during the instructions conference, stating distinctly the matter objected to and the grounds of the objection. The objections must also be raised in the motion for new trial in accordance with Rule 78.07.

2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

Day – to – Day


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PATRICIA BRECKENRIDGE
Chief Justice