Section 11.28 After Opening Statements
| Library | Civil Trial Practice 2015 Supp |
b. (§11.28) After Opening Statements
It is a rare occasion when a court grants a motion for directed verdict at the close of opening statements, but it has been known to happen. When a directed verdict is granted at the close of the plaintiff’s opening statement, the appellate court will broadly construe the petition and opening statement in determining whether the plaintiff made a submissible case. Giles v.Am. Family Life Ins. Co., 987 S.W.2d 490, 492 (Mo. App. W.D. 1999). The trial court may direct a...
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