Section 1.10 Sufficiency of the Evidence as a Matter of Law

• Library: Evidence 2017

1. (§1.10) Sufficiency of the Evidence as a Matter of Law

Trial judges rule on the sufficiency of the evidence in preliminary hearings and motions for summary judgment. If a party moves the court for a directed verdict, or a criminal defendant moves for judgment of acquittal, the judge must determine whether the plaintiff or prosecutor has presented sufficient evidence to make a submissible case for the jury. A motion for directed verdict or a motion for judgment of acquittal that is not granted may be reconsidered post-verdict. Rules 72.01(b) and 27.07(b) and (c).

Judges do not have discretion when ruling on the sufficiency of the evidence. McCrackin v. Plummber, 103 S.W.3d 178, 180 (Mo. App. W.D. 2003). Nonetheless, as a practical matter, judges may allow the jury an opportunity to reach the correct result before ruling that the evidence was insufficient as a matter of law.

When determining whether a plaintiff has made a submissible case, judges do...