Supreme Court Rules

First Adopted: April 10, 1974

Most Recently Effective: January 01, 2000

Rule 78 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | New Trials – After–Trial Motions – Preservation of Error

78.06 | When After-Trial Motion Overruled

Any motion for new trial, motion to amend the judgment or opinion, or motion for judgment notwithstanding the verdict is overruled for all purposes if the trial court does not rule on it within ninety days after the date the last such timely motion is filed.

In computing the ninety days, no day shall be counted during which the court lacks power to act because of an order of a superior state court or because of removal of the action.

Committee Note – 1974

This is substantially the same as prior Rule 78.04.


(Adopted April 10, 1974, effective January 1, 1975. Amended September 26, 1995, effective July 1, 1996; amended May 27, 1999, effective January 1, 2000.)
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