Section 1.3 Role of Judge and Jury

• Library: Evidence 2017

III. (§1.3) Role of Judge and Jury

In cases tried to a jury, the judge decides contested questions of law, while the province of the jury is to decide contested questions of fact. The judge is responsible for instructing the jury on the controlling procedural and substantive law and thereby guides the jury toward proper execution of its fact-finding role. A trial judge’s rulings on admissibility can shape the evidence presented for the jury’s consideration. The rules of evidence also apply to cases tried without a jury. Rule 73.01. Thus, even in a bench trial, counsel must preserve evidentiary objections, make offers of proof, and ensure that evidence rulings are preserved in the record.

Trial judges have broad discretion in ruling on the relevance and admissibility of evidence. State v. Mayes, 63 S.W.3d 615, 627 (Mo. banc 2001); Nelson v. Waxman, 9 S.W.3d 601, 603 (Mo. banc 2000); Karashin v. Haggard Hauling & Rigging, Inc., 653 S.W.2d 203...