Section 1.15 Jury or Nonjury?

• Library: Sources of Proof (2014 Ed.)

B. (§1.15) Jury or Nonjury?

Although the technical rules of evidence and most of those relating to procedure and the making of proof apply to nonjury as well as jury trials, there are vast differences in:

• the amount of discretion accorded the trier of fact in the admission and exclusion of evidence;

• the taking of offers of proof, Rule 73.01;

• the making of findings of fact and conclusions of law, id.;

• the formalities of the trial; and

• the scope of review.

II MO. CIVIL TRIAL PRACTICE ch. 15 (MoBar 3^rd ed. 2002 and C. Supp. 2014); JACK B. WEINSTEIN & MARGARET A. BERGER, WEINSTEIN’S EVIDENCE § 102[02] (1996). See 40 MO. DIG. 2D, Trial, key nos. 367–405 (1985 and...