Rule 70 | Instructions

First Adopted: April 07, 1977

Most Recently Effective: December 01, 1977

Rule 70 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Instructions

70.01 | Approval of Instructions – Effective Date –Publication Procedure

Approval of instructions in civil actions will be made by order of this court. The caption of the approved instructions shall state the effective date. The Missouri Bar is directed to publish such approved instructions and notes on use or committee notes as this court authorizes, together with the date upon which the use thereof shall be required.


(Adopted April 7, 1977, effective December 1, 1977.)

First Adopted: April 07, 1977

Most Recently Effective: January 01, 2018

Rule 70 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Instructions

70.02 | Instructions to Juries

(a) Requests for Instructions. Any party may, and a party with the burden of proof on an issue shall, submit written requests for instructions on the law applicable to the issues. Requests shall be submitted prior to an instruction conference or at such time as the court directs. A party need not request a converse instruction until the court has indicated the verdict directing instruction expected to be given. The court may give instructions without requests of counsel. All instructions shall be submitted in writing and shall be given or refused by the court according to the law and the evidence in the case. Each instruction shall be submitted with an original and one copy for the court and one copy for each party. Each copy shall indicate whether it was prepared at the court's direction or by which party it was tendered and shall contain a notation as follows:

'MAI No. ___' or 'MAI No. ___ modified' or 'Not in MAI' as the case may be.

(b) Form of Instructions. Whenever Missouri Approved Instructions contains an instruction applicable in a particular case that the appropriate party requests or the court decides to submit, such instruction shall be given to the exclusion of any other instructions on the same subject. Where an MAI must be modified to fairly submit the issues in a particular case, or where there is no applicable MAI so that an instruction not in MAI must be given, then such modifications or such instructions shall be simple, brief, impartial, free from argument, and shall not submit to the jury or require findings of detailed evidentiary facts.

(c) Violation of Rule – Effect. The giving of an instruction in violation of the provisions of this Rule 70.02 shall constitute error, its prejudicial effect to be judicially determined, provided that objection has been timely made pursuant to Rule 70.03.

(d) Converse Instruction – Effect of Requesting. The request of a converse instruction shall not be deemed to waive any objection to the instruction conversed.

(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.


(Adopted May 20, 1964, effective January 1, 1965. Amended January 19, 1973, effective September 1, 1973. Renumbered from Rule 70.01 and amended April 7, 1977, effective December 1, 1977. Amended June 1, 1993, effective January 1, 1994; amended June 30, 2017, effective January 1, 2018.)

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 70 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Instructions

70.021 | [REPEALED]

[Repealed effective September 1, 1973.]


(Repealed January 19, 1973, effective September 1, 1973.)

First Adopted: May 20, 1964

Most Recently Effective: January 01, 2018

Rule 70 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Instructions

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.


(Adopted May 20, 1964, effective January 1, 1965. Amended January 19, 1973, effective September 1, 1973. Renumbered from Rule 70.02 April 7, 1977, effective December 1, 1977. Amended June 1, 1993, effective January 1, 1994; amended June 30, 2017, effective January 1, 2018.)