Section 12.1 Philosophy of Missouri Approved Instructions

• Library: Civil Trial Practice 2015 Supp

A. (§12.1) Philosophy of Missouri Approved Instructions

The adoption of Missouri Approved Instructions (MAI) by the Supreme Court in 1965 radically changed the way juries are instructed in Missouri. From a system of verbose, argumentative, lengthy, and frequently confusing mini-essays on the law and the facts of a case, MAI transformed the process into one in which the jury is given rather sparse directions on how to resolve the issues, with the “argumentative” aspects relegated where they belong—in the lawyer’s closing argument. The system has been an unqualified success, and its influence has extended beyond the boundaries of the state, as may be seen in the Eighth Circuit Manual of Model Jury Instructions Civil (2001), many of which are based on the principles of MAI.

The guiding philosophy of MAI is that the jury should be given simple written instructions that ask them to decide the ultimate factual issues in the case. The instructions are read in a predetermined order: An explanation of how the case will proceed is given at the very beginning of the trial. At the end of the case, the judge explains certain key concepts, such as the burden of proof, and...