Rule 71 | Verdicts

First Adopted: October 16, 1986

Most Recently Effective: July 01, 1987

Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.01 | Verdict of Jury – General or Special

The verdict of a jury is either general or special. A general verdict is one by which the jury pronounces generally upon all or any of the issues, either in favor of the plaintiff or defendant, and includes a verdict wherein the jury returns a finding of the plaintiff's total damages and assesses percentages of fault. A special verdict is one by which the jury finds the facts only, leaving the judgment to the court.

Committee Note – 1959

This Rule is the same as Section 106 of the 1943 Code (Section 510.220, RSMo 1959).



(Amended October 16, 1986, effective July 1, 1987.)

First Adopted:

Most Recently Effective:

Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.02 | Jury Shall Render General Verdict – When

In every issue for the recovery of money only, or specific real or personal property, the jury shall render a general verdict.

Committee Note – 1959

This Rule is the same as Section 107 of the 1943 Code (Section 510.230, RSMo 1959).

This rule is the same as original proposed Rule 22.02(a). Paragraph (b) of the proposed Rule 22.02 provided for a discretionary special verdict in the form of special findings on each issue of fact, and for submission to a jury of special interrogatories. Paragraph (b) is omitted for these reasons: (1) it is a radical change in the existing practice; (2) experience with similar provisions has not been uniformly satisfactory; (3) the Bar overwhelmingly opposed the discretionary special verdict system in all cases.

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Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.03 | Court May Direct Issues to be Made, When

In all other cases, if at any time during the progress of any cause, it shall, in the opinion of the court, become necessary to determine any fact in controversy by the verdict of a jury, the court may direct an issue or issues to be made.

Committee Note – 1959

This Rule is the same as Section 108 of the 1943 Code (Section 510.240, RSMo 1959).

First Adopted:

Most Recently Effective:

Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.04 | Issues to be Made Only as Directed by Court

No issue shall be made, except such as shall be directed by the court.

Committee Note – 1959

This Rule is the same as Section 109 of the 1943 Code (Section 510.250, RSMo 1959).

First Adopted:

Most Recently Effective:

Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.05 | Issues, How Tried and Disposed of

The trial of such cases shall be by jury, and the issues shall be disposed of by a general or special verdict before a final judgment shall be made therein.

Committee Note – 1959

This Rule is the same as Section 110 of the 1943 Code (Section 510.260, RSMo 1959).

First Adopted: October 16, 1986

Most Recently Effective: July 01, 1987

Rule 71 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Verdicts

71.06 | Jury Shall Assess Amount of Recovery, When

When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury shall also assess the amount of recovery; so, also, if they find for the defendant in case of a counterclaim, crossclaim or other demand for money. A verdict shall meet the requirements of this rule if the jury returns a finding of the total amount of the damages and assesses percentages of fault. When exemplary or punitive damages are allowed by the jury, the amount thereof shall be separately stated in the verdict. When both damages for personal injuries and damages to property are allowed by the jury, the verdict shall state separately the amount allowed for the aggregate of the items of damage connected with the personal injury and the amount allowed for the aggregate of the items of damage connected with the injury to the property.

Committee Note – 1959

This Rule is Section 111 of the 1943 Code (Section 510.270, RSMo 1959) with a new sentence added and provision made for counter-claims and cross-claims instead of "offsets." ... This new sentence provides that the damages for personal injury and property damage be stated separately in the verdict. This will be of great help in cases involving subrogation rights and in tax computations.



(Amended October 16, 1986, effective July 1, 1987.)