Order dated November 23, 2021, in re: New and Revised MAI-Civil Instructions, Notes on Use, Notices, and Comments

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Supreme Court of Missouri
en banc

November 23, 2021
Effective July 1, 2022

In re: New and Revised MAI-Civil Instructions, Notes on Use, Notices, and Comments

TABLE OF INSTRUCTIONS

MAI 6.02 AGGRAVATING CIRMCUMSTANCES
(Committee Comment – Revision)

Chapter 9 EMINENT DOMAIN
(General Notice – New)

MAI 10.00 GENERAL COMMENT
(Comment – Revision)

MAI 10.01 OUTRAGEOUS CONDUCT – INTENTIONAL TORTS
(Committee Comment – Revision)

MAI 10.02 NEGLIGENCE CONSTITUTING CONSCIOUS DISREGARD FOR OTHERS
(Committee Comment – Revision)

MAI 10.03 MULTIPLE DEFENDANTS
(Committee Comment – New)

MAI 10.04 STRICT LIABILITY – EITHER PRODUCT DEFECT OR FAILURE TO WARN SUBMITTED
(Committee Comment – Revision)

MAI 10.05 STRICT LIABILITY – BOTH PRODUCT DEFECT OR FAILURE TO WARN SUBMITTED
(Committee Comment – Revision)

MAI 10.06 BOTH NEGLIGENCE AND STRICT LIABILITY SUBMITTED
(Committee Comment – Revision)

MAI 10.07 MODIFICATION OF MAI 10.02 – SUBMISSION OF SPECIFIC ACTS AND KNOWLEDGE
(Committee Comment – Revision)

MAI 17.17 PER SE NEGLIGENCE – IMPROPER TURN
(Notes on Use – Revision)

MAI 17.18 PER SE NEGLIGENCE – VIOLATING SPEED LIMIT
(Notes on Use – Revision)

MAI 33.16 CONVERSING EXEMPLARY DAMAGES
(Committee Comment – Revision)

Chapter 35 ILLUSTRATIONS
(General Notice – New)

MAI 35.00 GENERAL COMMENT
(Comment – Revision)

MAI 35.19 PUNITIVE DAMAGES – BIFURCATED TRIAL UNDER § 510.263 – NO COMPARATIVE FAULT – TWO DEFENDANTS – APPORTIONMENT OF FAULT BETWEEN DEFENDANTS
(Committee Comment – Revision)

MAI 37.00 COMPARATIVE FAULT – GENERAL COMMENT
(Comment – Revision)

MAI 37.01 VERDICT DIRECTING MODIFICATION
(Committee Comment – Revision)

MAI 37.03 DAMAGES
(Committee Comment – Revision)

MAI 38.01(A) VERDICT DIRECTING – MISSOURI HUMAN RIGHTS ACT – EMPLOYMENT DISCRIMINATION (for actions accruing before August 28, 2017)
(Committee Comment – Revision) 

MAI 38.01(B) VERDICT DIRECTING – MISSOURI HUMAN RIGHTS ACT – EMPLOYMENT DISCRIMINATION BY REASON OF DISABILITY – EXISTENCE OF DISABILITY DISPUTED (for actions accruing before August 28, 2017)
(Committee Comment – Revision)

MAI 38.06 VERDICT DIRECTING – MISSOURI HUMAN RIGHTS ACT – EMPLOYMENT DISCRIMINATION (for actions accruing on or after August 28, 2017)
(Committee Comment – Revision)

MAI 38.07 VERDICT DIRECTING – MISSOURI HUMAN RIGHTS ACT – EMPLOYMENT DISCRIMINATION BY REASON OF DISABILITY – EXISTENCE OF DISABILITY DISPUTED (for actions accruing on or after August 28, 2017)
(Committee Comment – Revision)

MAI 39.01 VERDICT DIRECTING – VIOLATION OF MISSOURI MERCHANDISING PRACTICES ACT where S.B. 591 (Laws 2020) does not apply
(Title – Revision)
(Instruction – Revision)
(Notes on Use – Revision)
(Committee Comment – Revision)

MAI 39.02 VERDICT DIRECTING – VIOLATION OF MISSOURI MERCHANDISING PRACTICES ACT where S.B. 591 (Laws 2020) applies
(Instruction – New)
(Notes on Use – New)
(Committee Comment – New)


ORDER

1.  New and revised MAI-Civil Instructions, Notes on Use, Notices, and Comments as listed above, having been prepared by the Committee on Jury Instructions – Civil and reviewed by the Court, are hereby adopted and approved.

2.  The Instructions, Notes on Use, Notices, and Comments revised as set forth in the specific exhibits attached hereto must be used on and after July 1, 2022, and may be used prior thereto; any such use shall not be presumed to be error.

3.  It is further ordered that this order and the specific exhibits attached hereto shall be published in the South Western Reporter and the Journal of The Missouri Bar.

Day - to – Day

_____________________________
PAUL C. WILSON
Chief Justice

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