Section 11.30 Motion by Defendant

• Library: Civil Trial Practice 2015 Supp

(2) (§11.30) Motion by Defendant

Because the defendant does not have the burden of proof, the defendant should move for a directed verdict at the close of the plaintiff’s case. But a defendant who moves for directed verdict at the close of the plaintiff’s evidence, receives an adverse ruling, and thereafter presents evidence waives any error in the detail of the motion. St. Francis Med. Ctr. v. Penrod, 937 S.W.2d 343 (Mo. App. S.D. 1996). Likewise, a defendant who moves for directed verdict at the end of...