§ 78.07 After-Trial Motion--Allegations of Error Required

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 78 > 78.07

78.07. After-Trial Motion--Allegations of Error Required

    (a) In jury tried cases, except as otherwise provided in this Rule 78.07, allegations of error must be included in a motion for a new trial in order to be preserved for appellate review.

    The following matters need not be included in such motion to preserve the allegations of error:

        (1) Questions of jurisdiction over the subject matter;

        (2) Questions as to the sufficiency of the pleadings to state a claim or defense;

        (3) Questions presented in motions for judgment under Rule 72.01(b); and

        (4) Questions relating to motions for directed verdict that are granted at trial.

    Where definite objections or requests were made during the trial in accordance with Rule 78.09, including specific objections to instructions, a general statement in the motion of any allegations of error based thereon is sufficient.

    Allegations of error based on matters occurring or becoming known after final submission to the court or jury shall be stated specifically.

    (b) Except as otherwise provided in Rule 78.07(c), in cases tried without a jury or with an advisory jury, neither a motion for a new trial nor a motion to amend the judgment or opinion is necessary to preserve any matter for appellate review.

    (c) In all cases, allegations of error relating to the form or language of the judgment, including the failure to make statutorily required findings, must be raised in a motion to amend the judgment in order to be preserved for appellate review.

    (d) The trial court may amend or modify any judgment in accordance with Rule 75.01 or upon motion by any party. Unless an amended judgment shall otherwise specify, an amended judgment shall be deemed a new judgment for all purposes.