Rule 69 | Trial by Jury

First Adopted:

Most Recently Effective:

Rule 69 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Trial by Jury

69.01 | Right of Trial by Jury – Waiver – Agreement for

(a) Right of Trial by Jury Inviolate. The right of trial by jury as declared by the Constitution or as given by a statute shall be preserved to the parties inviolate. In particular, any issue as to whether a release, composition or discharge of the plaintiff's original claim was fraudulently or otherwise wrongfully procured shall be tried by jury unless waived.

(b) Jury Trial – How Waived. Parties shall be deemed to have waived trial by jury:

(1) by failing to appear at the trial;

(2) by filing with the clerk written consent in person or by attorney;

(3) by oral consent in court, entered on the minutes;

(4) by entering into trial before the court without objection.

(c) Jury Trial by Consent in Actions Against State. In actions against the state, a state agency or a political subdivision of the state, when a statute provides for trial without jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

(d) Waiver of Jury Trial by Infants and Incompetents. In actions where an infant or an incompetent person is a party and where an infant or incompetent person is represented by a next friend, guardian ad litem, or guardian appointed by a court of competent jurisdiction, trial by jury shall be deemed to be waived under the circumstances set forth in subdivision (b) of this Rule.

Committee Note – 1959

Paragraph (a) and (b) of this Rule are the same as paragraphs (a) and (b) of Section 98 of the 1943 Code (Section 510,190, RSMo 1959). Paragraph (c) is based upon Section 98(c) of the 1943 Code, but is changed to make clear that actions against state agencies and political subdivisions of the state are covered by the Rule. Subdivision (d) is based upon Section 98(d) of the 1943 Code. It is changed by deleting "a legal representative" and, instead, naming those who may be such a representative. See Section 507.182, RSMo 1959 (H.B. 537, Seventieth General Assembly) and Rule 52.02.

Compare: Rules 38 and 39, Federal Rules of Civil Procedure.

First Adopted: March 26, 1996

Most Recently Effective: July 01, 2004

Rule 69 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Trial by Jury

69.02 | Handbook of Information for Jurors

The Missouri Bar may distribute its handbook entitled “Trial Jurors Information” to those summoned as jurors.


(Adopted March 26, 1996, effective January 1, 1997. Amended June 25, 2001, effective January 1, 2002; amended December 18, 2001, effective January 1, 2002; amended November 5, 2003, effective July 1, 2004.)

First Adopted: January 01, 2011

Most Recently Effective: April 01, 2021

Rule 69 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Trial by Jury

69.025 | Juror Nondisclosure

(a) Proposed Questions. A party seeking to inquire as to the litigation history of potential jurors shall make a record of the proposed initial questions before voir dire. Failure to follow this procedure shall result in waiver of the right to inquire as to litigation history.

(b) Reasonable Investigation. For purposes of this Rule 69.025, a "reasonable investigation" means review of Case.net before the jury is sworn.

(c) Opportunity to Investigate. The court shall give all parties an opportunity to conduct a reasonable investigation as to whether a prospective juror has been a party to litigation.

(d) Procedure When Nondisclosure is Suspected. A party who has reasonable grounds to believe that a prospective juror has failed to disclose that he or she has been a party to litigation must so inform the court before the jury is sworn. The court shall then question the prospective juror or jurors outside the presence of the other prospective jurors.

(e) Waiver. A party waives the right to seek relief based on juror nondisclosure of information that would be readily apparent from a reasonable investigation unless the party does the following before the jury is sworn:

(1) Conducts a reasonable investigation; and

(2) Informs the court of the basis for believing that such nondisclosure has occurred.

(f) Post-Trial Proceedings. A party seeking post-trial relief based on juror nondisclosure has the burden of demonstrating compliance with Rule 69.025(d) and Rule 69.025(e) may satisfy that burden by affidavit. The court shall then conduct an evidentiary hearing to determine if relief should be granted.


(Adopted June 25, 2010, effective January 1, 2011; Amended Sept. 29, 2020, effective April 1, 2021.)

First Adopted: March 26, 1996

Most Recently Effective: January 01, 2002

Rule 69 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Trial by Jury

69.03 | Juror Note-Taking

Upon the court's own motion or upon the request of any party, the court shall permit jurors to take notes. If jurors are permitted to take notes, the court shall supply each juror with suitable materials.

Jurors shall not take their notes out of the courtroom except to use their notes during deliberations.

The court shall collect all juror notes immediately before discharge of the jury.

After the jury is discharged, the court shall destroy the notes promptly without permitting their review by the court or any other person.

Juror notes shall not be used to impeach a verdict.


(Adopted March 26, 1996, effective January 1, 1997. Amended June 25, 2001, effective January 1, 2002; amended December 18, 2001, effective January 1, 2002.)

First Adopted: November 05, 2003

Most Recently Effective: July 01, 2004

Rule 69 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Trial by Jury

69.04 | Juror Questions

(a) Upon the court's own motion or upon motion of any party, the court may permit jurors to submit questions to witnesses. The court shall resolve any such motion before the jury is impanelled.

(b) If the court permits jurors to submit questions:

(1) The court shall instruct the jurors:

(A) On the procedure to be followed for asking such questions; and

(B) That no adverse inference is to be drawn against any party if any juror question is not allowed;

(2) After all parties have completed examination of each witness, any juror may submit written, anonymous questions;

(3) All parties shall be given an opportunity outside the hearing of the jurors to object to the substance or the form of any question;

(4) The court may limit the number of questions;

(5) The court may revise any question's form and shall read the question to the witness or the parties may stipulate to the answer; and

(6) The court may allow any party to ask follow-up questions after consideration of the juror questions.


(Adopted November 5, 2003, effective July 1, 2004.)